K Rodney May
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.
Court: Middle District of Florida
Location of chambers: Suite 954, 801 N. Florida Ave., Tampa, FL 33602
Assigned courtroom:Phone: (813) 301-5200
Email address (only for proposed orders):
Judicial Assistant/Secretary: Yvonne Shepherd
Courtroom Deputy: Kim Murphy
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:
Communication with chambers:
Do you permit contact with chambers
regarding questions of procedure? Yes
regarding the status of pending matters?
May counsel contact chambers to speak with your law clerks(s)
on procedural matters?
on the status of pending matters?
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?
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
*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?
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?
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?
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
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?
If YES, what do you require? A written motion is required for any continuance or enlargement of time. Do not assume that a motion for continuance filed at the last minute will be granted. Be prepared for the denial of a last-minute request. If you represent the party with the burden of proof, you should be ready to go forward or suffer the consequences of being unprepared. Refer to Local Rule 5071-1 prior to filing your motion for continuance.
Importantly, a motion for continuance must recite that you have discussed the proposed continuance with opposing counsel and whether there is any objection to the continuance.Remember to submit a proposed order along with your request for a continuance. Also, if it is a last-minute request, call and let the Courtroom Deputy know before filing the motion that you are seeking a continuance.
A first request for a continuance where the opposing party consents will typically be granted ex parte, depending on the nature of the continuance going sought. A second request may be set for hearing, again depending on the nature of the continuance being sought.
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? It depends on whether an opposing party is prejudiced. In some circumstances, sanctions, such as attorney fees, may be appropriate.
What do you consider to be an emergency matter? Situations involving imminent loss of property rights; first-day motions in Chapter 11 cases.
How does one request emergency relief? It should be handled in accordance with the local rules. Submit a motion and certificate of necessity, and I will review them. See M.D. Fla. L.B.R. 9004-2. You will then be contacted by the Courtroom Deputy.
What are your procedures concerning ex parte temporary restraining orders? Generally, requests for temporary restraining orders are treated as motions for preliminary injunctions, and an evidentiary hearing is scheduled on short notice to affected parties. However, in rare instances where conducting a hearing on notice is impossible, I will consider ex parte temporary restraining orders if they are in compliance with Rule 65 of the Federal Rules of Civil Procedure. For guidance, the Middle District of Florida's rules are very comprehensive and I encourage attorneys to follow them when seeking temporary restraining orders. U.S. Dist.Ct.Rules M.D. Fla., Rules 4.05 and 4.06.
When a dispute arises during a deposition, is it appropriate to call chambers to seek an immediate ruling? Yes
For which matters is the use of negative notice acceptable? The use of the negative notice procedure is highly encouraged. See M.D. Fla. L.B.R. 2002-4 for matters that are acceptable [See also my
Acceptable Use of Negative Notice,posted at www. flmb.uscourts.gov.].
What is your preferred method for a party to request a hearing date? In most instances, upon filing of a motion, parties will be notified by a court-generated notice or order setting a hearing. In the case of emergency hearings, the Courtroom Deputy will contact movant's counsel; counsel is typically instructed to provide notice by telephone and email.
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)? Except in unusual situations, typically emergency in nature, the initial hearing on a motion will be noticed as "preliminary." If a hearing is noticed as "preliminary" the court will not permit the introduction of testimony or documentary evidence. However, if it appears from discussion with counsel that there are no material facts in dispute, the court, if otherwise appropriate, will enter dispositive rulings, to include summary judgment on the court's own motion, at the preliminary hearing. Unless the notice states that the hearing is "evidentiary," it will be conducted as a preliminary hearing.
Under what circumstances do you allow telephonic hearings? Yes, if appropriate. The following procedures shall apply: [also, refer to my
Policy on Telephonic Appearances, posted at www.flmb.uscourts.gov.]
a.Telephonic hearings are considered a privilege, not a right.b.Telephonic hearings are granted at my discretion.
c.Any party may request to appear by telephone, unless specialcircumstances are demonstrated, generally only those parties or their counsel who are
notlocated in the Tampa Division of the United States Bankruptcy Court for the Middle District of Florida will be allowed to appear by telephone.
d.The court can accommodate only one party’s telephonic appearance at a particular hearing. If more than one counsel wishes to appear telephonically, the parties must arrange among themselves for a “call-in conference call” and supply the court with the telephone number and access code at least twenty-four (24) hours before the hearing.e.Unless an emergency arises, all requests for telephonic hearings must be made at least twenty-four (24) hours prior to the scheduled hearing date.
f.A written motion requesting a telephonic appearance is not required. All requests shall be made to the Courtroom Deputy, Kim Murphy, at 813-301-5118. The requesting party must supply an appropriate telephone number at the time the initial request for the telephonic hearing is made.g.If a request for a telephonic hearing is granted, the requesting party must be available at least five (5) minutes prior to the scheduled hearing and for one (1) hour following the scheduled hearing time, unless the hearing concludes earlier. If the requesting party is not immediately available at the designated time, the hearing will proceed without the requesting party, and that party may lose the right to participate in future telephonic hearings.
h.Telephonic hearings are typically not permitted for preliminary hearings on motions for relief from stay, evidentiary hearings, or hearings conducted in connection with a Chapter 13 case. Generally, telephonic hearings will only be held in connection with Chapter 7 hearings, Chapter 11 hearings, and adversary proceeding pre-trial conferences an non-evidentiary hearings. No evidentiary hearing will be conducted by telephone.
Under what circumstances do you require the debtor's attendance at a hearing? All hearings when the debtor is pro se; hearings on reaffirmation agreements when debtor's counsel has not signed the agreement; all evidentiary hearings; initial status conference and significant hearings in chapter 11 cases.
Do you grant pro hac vice admission on oral request at hearings? Yes, but prefer motions to be filed. See M.D. Fla. L.B.R. 2090-1.
What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial? It depends on potential prejudice, which may result in a continuance and possible imposition of sanctions. The court may also deny admission of exhibits in some circumstances.
Will you entertain motions in limine prior to trial? Yes
If YES, how far in advance should they be filed? As far in advance as possible and appropriate.
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? Mediation (but not non-binding arbitration) is encouraged, and sometimes required. I will readily grant motions by either party and, at times, order mediation sua sponte.
Do you refer settlement conferences to another Bankruptcy Judge?
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)? N/A
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)?
Do you conduct Daubert hearings prior to trial?
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations? Call the Courtroom Deputy no later than 48 hours prior to trial or final evidentiary hearing to coordinate.
Do you prefer opening statements? No
Do you require trial briefs?
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?
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?
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”? When there are significant legal arguments and cases you want considered, file them in advance with a notice of filing. You can plan that I will rule at the hearing; if you want certain authorities taken into account, I need them before the hearing.
Call Chambers when a matter is settled. Otherwise, valuable time is expended by the Judge and Chambers staff, which is wasteful of court resources. Sanctions may be imposed if Chambers expends considerable time preparing for a hearing or trial after the parties have reached a settlement.Have your exhibits prepared in compliance with M.D. Fla. L.B.R. 9070-1.
Arrange telephonic appearances at least twenty-four hours before the scheduled hearing.Confer with opposing counsel
beforeany hearing to explore settlement of substantive issues or, at least, the process for moving the matter to trial.
Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you?
Links to your court's webpage with information about your practices or other links you recommend for practitioners:
ATTACHMENTSSample orders (please include a sample of any scheduling orders), biography, etc.