David Allan Baker
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:
Orlando
Assigned Courtroom:
6D
Chambers Staff
Courtroom Deputy:
Helyn LaTorre
Phone:
407 835 5807
Communication with Chambers
Do you permit contact with chambers regarding questions of procedure?
No
Do you permit contact with chambers regarding the status of pending matters?
No
May counsel contact chambers to speak with your law clerk(s) on procedural matters?
Yes
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?
either
If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
Yes
Do you conduct preliminary pretrial conferences in criminal cases?
No
What is your policy concerning nolo contendere or Alford pleas?
not allowed
What is your policy as to plea agreements that involve sentencing recommendations?
non binding only
Pretrial Procedure (Civil)
Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16?
Yes
If YES, what matters do you typically discuss during preliminary pretrial hearings?
All matters related to orderly progress in the case, includingany requests for variation from standard procedures.
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 have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders?
n/a
Do you hear preliminary injunction motions?
Yes
Should copies of published cases cited in motions and memoranda be forwarded to chambers?
No
Do you regularly set aside time during a given week/month for hearings on motions?
No
Under what circumstances do you allow telephonic hearings?
routinely
What is your practice concerning oral arguments on referred dispositive motions?
allow when requested
Will you entertain motions in limine prior to trial?
Yes
If YES, how far in advance should they be filed?
These are rarely well enough defined to be useful
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?
We use a special scheduling orders for FLSA, ERISA, ADA, and Social Security cases
Settlement
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
mediation is routinely ordered
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?
date will be set based on the parties' case management report or after pretrial conference
Do you grant specially set trial dates (dates certain)?
Yes
Do you conduct pretrial conferences?
Yes
Do you conduct Daubert hearings prior to trial?
Yes
Do you require trial briefs in jury trials?
Yes
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?
pertinent, non argumentative and concise
If NO, can counsel submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
with final pretrial statement
What are your peremptory challenge procedures?
entire panel is qualified, parties strike from the number needed to reach a panel
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges to be shared?
each side with a separate or antagonistic position will ordinarily be allowed strikes
Do you impose any standard time limits on counsel's opening statements?
Yes
If YES, what are the time limits?
determined at FPTC
Do you permit jurors to take notes?
Yes
What, if any, procedures do you have concerning objections at trial?
no sidebars
When do you require counsel to file proposed jury instructions?
along with final pretrial statement
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
not necessarily
Revised: 10-30-2018