Erik P Kimball
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: Southern District of Florida
Location of chambers: West Palm Beach
Assigned courtroom: B
Email address (only for proposed orders):
Courtroom Deputy: Cindy Klopp
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls: 561.514.4140
Communication with chambers:
Do you permit contact with chambers
regarding questions of procedure? Yes
regarding the status of pending matters? No
May counsel contact chambers to speak with your law clerks(s)
on procedural matters? Yes
on the status of pending matters? No
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? Please see the Court's web site at www.flsb.uscourts.gov
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs? Cindy Klopp, 561.514.4143
*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)? Please see the Court's Local Rules at www.flsb.uscourts.gov.
Do you have a preferred method governing the filing of sealed documents? Please see the Court's local rules at www.flsb.uscourts.gov
Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as attachments to the document they support)? No
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.) Yes
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? Proposed orders are to be submitted via e-orders in CM/ECF unless otherwise directed.
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable? Only when requested by the Judge.
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? Please state consents in the motion itself.
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? Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name.
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? The matter may be denied. Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name.
What do you consider to be an emergency matter? Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name.
How does one request emergency relief? Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name.
What are your procedures concerning ex parte temporary restraining orders? TRO requests are considered by the Judge on a case by case basis consistent with the rules and applicable case law.
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? See Local Rule 9013-1.
What is your preferred method for a party to request a hearing date? Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name.
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? Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name.
Under what circumstances do you require the debtor's attendance at a hearing? Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name.
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? The proposed exhibits may be excluded.
Will you entertain motions in limine prior to trial? Yes
If YES, how far in advance should they be filed? This is rarely necessary in bankruptcy matters. Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name. This may be addressed in a scheduling order.
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation? The Court considers ordering mediation in all adversary proceedings and contested matters.
Do you refer settlement conferences to another Bankruptcy Judge? Yes
Comments: If the parties are amenable to a judicial settlement conference, they may select any Bankruptcy Judge in this district willing to assist them.
Do you grant specially set trial dates (dates certain)? Yes
If YES, under what circumstances will you grant trial dates certain? Judge Kimball sets final preliminary hearings in contested matters, and pretrial hearings in adversary proceedings. Trial dates are set then, and may be on very short notice.
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)?
Do you conduct Daubert hearings prior to trial? Yes
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations? Please see instructions on the Court's web site, http://www.flsb.uscourts.gov, under Judge Kimball's name.
Do you prefer opening statements? Yes
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? Yes
If YES, when do you require the proposed findings of fact and conclusions of law to be filed? Only upon request.
Should the proposed findings and conclusions also be submitted to chambers electronically? Yes
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”? Lawyers are expected to act professionally,and show courtesy to the Court, opposing counsel, the parties, witnesses, members of the clerk's office, representatives of the United States Trustee, and other parties in interest. Unprofessional conduct will not be permitted. Appropriate sanctions may be ordered with or without motion.
Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you? Assume that all conduct in the environs of the courthouse will be reported to the Judge.
Links to your court's webpage with information about your practices or other links you recommend for practitioners:www.flsb.uscourts.gov
ATTACHMENTSSample orders (please include a sample of any scheduling orders), biography, etc.