Sean Patrick Flynn
Magistrate 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
Name of Court:
Middle District of Florida
Location of Chambers:
801 N. Florida Avenue, Chambers 11B, Tampa, Florida 33602
Assigned Courtroom:
11B
Phone:
(813)301-5820
Email address (only for proposed orders or jury instructions):
Chambers Staff
Courtroom Deputy:
Eric Calderon
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
Yes
Do you permit contact with chambers regarding the status of pending matters?
Yes
May counsel contact chambers to speak with your law clerk(s) on procedural matters?
Yes
May counsel contact chambers to speak with your law clerk(s) on the status of pending matters?
Yes
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?
No
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
Eric Calderon
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 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, do you prefer that the document be filed such that it is displayed with bookmarks within the PDF image?
Yes
Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on CM/ECF?
No
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?
Submitted as an attachment to documents filed in CM/ECF
Pretrial Detention/Pretrial Procedure (Criminal)
At bond hearings, do you permit the government to proceed by proffer or do you require a government agent to be present to testify?
Proffer
If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
Yes
If a proffer is permitted, do you prefer that defense counsel present the family of the defendant as witnesses by proffer instead of calling individual witnesses?
No
Do you require the defendant to be present at status conferences?
No
Do you have a regular plea deadline?
No
Pretrial Procedure (Civil)
Do you issue a standard pretrial order?
Yes
Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure and the Local Rules, as to motions for extension of time or motions for continuance?
No
Other than as required by Local Rules, do you prefer that the moving parties submit proposed orders along with non-dispositive motions?
No
Do you hear preliminary injunction motions?
Yes
If YES, do you permit evidence to be introduced?
Yes
Should copies of published cases cited in motions and memoranda be forwarded to chambers?
No
Should copies of unpublished opinions cited in motions and memoranda be forwarded to chambers?
No
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
No
Do you regularly set aside time during a given week/month for hearings on motions?
No
Will you entertain motions in limine prior to trial?
Yes
If YES, how far in advance should they be filed?
See scheduling order.
Discovery
Do you receive referrals on discovery matters from a District Judge?
Yes
Other than those discovery schedules contained in Local Rules, do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)?
Yes
If YES, what types of cases and what are the deadlines or procedures?
FLSA
When a dispute arises during a deposition, is it appropriate to call your chambers (if the case has been referred for discovery) to seek an immediate ruling?
Yes
Comments:
Most disputes do not require court intervention during the deposition. If the deposition cannot continue without court intervention, the parties may contact Chambers.
Settlement
Do you require counsel to submit a proposed order referring the case to mediation?
No
Trial
Do you automatically set consent cases for trial or do you wait for counsel to propose a time period in which a case should be scheduled for trial?
Counsel are invited to jointly propose dates for trial.
Do you grant specially set trial dates (dates certain)?
Yes
If YES, under what circumstances will you grant trial dates certain?
If requested by the parties.
Do you conduct pretrial conferences?
Yes
Do you conduct Daubert hearings prior to trial?
Yes
Do you require trial briefs in jury trials?
No
Do you require trial briefs in bench trials?
Yes
Do you permit counsel to perform voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
Generally, proposed vior dire questions are to be submitted to the Court in advance.
If NO, can counsel submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
See scheduling order
What are your peremptory challenge procedures?
Generally, the Court will allow back striking if all parties agree.
Do you allow back striking during jury selection?
Yes
Do you impose any standard time limits on counsel's opening statements?
No
Can exhibits be used in opening statements?
Yes
Do you allow plaintiffs to make a rebuttal during opening statements?
No
Do you permit jurors to take notes?
Yes
Do you permit jurors to ask questions?
No
If YES, under what constraints and restrictions?
The parties may jointly move joint exhibits into evidence prior to opening statements. No exhibit may be published to the jury (during opening statements or otherwise) unless the exhibit has been previously admitted into evidence.
When do you require counsel to file proposed jury instructions?
See scheduling order.
Should jury instructions also be submitted to chambers electronically?
Yes
Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
Yes
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
See scheduling order.
Revised: 01-04-2021