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Judicial Practice Survey

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Karen Sue Jennemann

Bankruptcy Judge


The following information was provided in response to a survey prepared by the Federal Court Practice Committee of The Florida Bar. This information is not binding on any judge or court official and may not be relied upon for precedential purposes. Further information may be found in the attachments (sample orders, etc.) referenced at the end of this Guide entry or on the court's website noted below.


JUDGE

Court: Middle District of Florida

Location of chambers: Fairwinds Credit Union Bldg., 135 W. Central Blvd., Suite 950, Orlando, FL 32801

Assigned courtroom: Courtroom B

Phone: 407-648-6832

Email address (only for proposed orders): [email protected]


CHAMBERS

Staff:

Judicial Assistant/Secretary: Cindy Courtney

Phone: 407-648-6832

Email address: [email protected]


Courtroom Deputy: Dan Munoz

Phone: 4076486906

Email address: [email protected]


Court Reporter:

Phone:

Email address:


Docket Clerk:

Phone:

Email address:


Law Clerk phone number(s), only if you permit law clerk(s) to receive calls: 4076486611


Communication with chambers:

Do you permit contact with chambers

      regarding questions of procedure? Yes

      regarding the status of pending matters? Yes


May counsel contact chambers to speak with your law clerks(s)


      on procedural matters? Yes


      on the status of pending matters? Yes


Comments:


USE OF CELL PHONES, LAPTOPS, AND OTHER ELECTRONICS IN COURT

Other than procedures adopted by the U.S. Marshal's Service relating to access to a federal courthouse, do you have any additional procedures to be followed for the use of cell phones, laptops, or other electronics? Cell phones are not allowed in the courtroom; laptops and tablet computers are permitted


Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs? Dan Munoz, the Courtroom Deputy


*Always verify with the Clerk of Court or the U.S. Marshal's Service as to any procedures relating to the use of cell phones or other electronic devices at the courthouse.

CM/ECF PROCEDURES

(in addition to Local Rules or CM/ECF procedures applicable in the District)

Do you have a preferred method for counsel to correct an electronically filed document that inadvertently contains personal information (as prohibited by Fed.R.Civ.P. 5.2)?


Do you have a preferred method governing the filing of sealed documents? You must file a motion requesting the document be filed under seal and submit a paper copy; do not use CM/ECF to submit the document you want sealed.


Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)?


When filing documents with multiple attachments (e.g., the petition and schedules), do you prefer that the document be filed such that it is displayed with bookmarks within the PDF image? (This question only applies if such filing is available as a format for filing attachments in your District.)


Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF? No


      If YES, do you require more than one copy to be filed?


Do you prefer to have proposed orders (other than those required to be filed in the case) submitted as an attachment to documents filed in CM/ECF, or do you prefer to receive them by email or another method? Follow the instructions on the Court's website, http://www.flmb.uscourts.gov/proposed_orders/

Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable? Word document required


Comments:


PRETRIAL PRACTICE

When other parties have consented to a motion, do you prefer that the consent is stated in the motion or do you prefer a separately filed notice of consent?


Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, or any Local Rules, as to motions for enlargement of time or motions for continuance? Yes


      If YES, what do you require? A written motion is required for any continuance or enlargement of time. A hearing may or may not be set, depending on the circumstances surrounding the request.


Should copies of cases cited in motions and memoranda be forwarded to chambers?

      copies of published cases? No


      copies of unpublished opinions? Yes


If copies of cases are submitted, do you accept copies that have portions highlighted by counsel? Yes

What is your practice or policy when counsel fails to serve opposing parties with motions within the times set forth in the rules or your orders? I have no set policy, but will take whatever action is appropriate on a case-by-case basis.


What do you consider to be an emergency matter? Few true emergencies exist, and all emergency motions are evaluated on a case-by-case basis. The one exception is that "first day" hearings in Chapter 11 cases involving an operating debtor automatically are scheduled within three days of the petition date.


How does one request emergency relief? Follow the procedures set forth in Local Rule 9004-2.


What are your procedures concerning ex parte temporary restraining orders? They are treated as emergency motions and evaluated on a case-by-case basis.

When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling? No


For which matters is the use of negative notice acceptable? Please refer to the Court's website, www.flmb.uscourts.gov, and look under the heading "Procedures" to obtain a table that consolidates the appropriate use of negative notice by practitioners as permitted by Local Rule 2002-4. All practitioners are encouraged to use negative notice wherever appropriate but are also reminded of the Court's discretionary authority to set any matter for hearing even if no objection was filed as stated in L.R. 2002-4(e).


What is your preferred method for a party to request a hearing date? Call the Courtroom Deputy, Dan Munoz at 407-648-6906


When you schedule a hearing, do you state whether the hearing will be evidentiary (if Fed.R.B.P. 9014(e) has not been implemented)? Yes


Under what circumstances do you allow telephonic hearings? Telephonic hearings are sometimes allowed on non-evidentiary matters. Refer to the Court's website: http://www.flmb.uscourts.gov/judges/ for procedures:

Under what circumstances do you require the debtor's attendance at a hearing? Debtors generally should attend all hearings.


Do you grant pro hac vice admission on oral request at hearings? Yes

What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial? I have no set policy, but will take whatever action is appropriate on a case-by-case basis.


Will you entertain motions in limine prior to trial? Yes

      If YES, how far in advance should they be filed? As early as possible.


What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? I encourage and sometimes require mediation.


Do you refer settlement conferences to another Bankruptcy Judge? No


Comments:


TRIAL

Do you grant specially set trial dates (dates certain)? Yes


      If YES, under what circumstances will you grant trial dates certain?


      If NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at least 48 hours' notice)?


What is your practice or procedure regarding rescheduling trials that are not reached on a trial docket (e.g., will the trial date be automatically rescheduled on your next trial docket)? Determined on a case by case basis.


Do you conduct Daubert hearings prior to trial? No

What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations? I encourage use of any aid to help the court and witnesses understand the facts. Any demonstrative aid must be easily viewed by everyone in attendance. Large blow-ups of balance sheets and financial calculations rarely are helpful and usually are better presented as paper exhibits. As to depositions, I require parties to submit segments they would like to include on the record, which I will independently read. Any objections will be resolved at trial. I do no allow parties to read deposition transcripts during a trial.


Do you prefer opening statements? No


Do you require trial briefs? No


If you require trial briefs, when are they due?


Do you have any requirements for trial briefs?


Do you require proposed findings of fact and conclusions of law to be filed? No


      If YES, when do you require the proposed findings of fact and conclusions of law to be filed?


Should the proposed findings and conclusions also be submitted to chambers electronically?


Comments:


GENERAL ADVICE

What should lawyers avoid at all costs when appearing before you (other than the obvious: don't be late, do be courteous, etc.), i.e., do you have any “pet peeves”? Court time is very precious. If you know you will need more time or if a matter settles and you need no time, please call my courtroom administrator as soon as possible.


Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you?


LINKS

Links to your court's webpage with information about your practices or other links you recommend for practitioners:

http://www.flmb.uscourts.gov/jennemann/

ATTACHMENTS

Sample orders (please include a sample of any scheduling orders), biography, etc.
Attachments:

[Revised: 02-21-2014]