Douglas Nelson Frazier
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:
U.S. Courthouse and Federal Building, 2110 First Street, Fifth Floor, Fort Myers, FL 33901
Assigned Courtroom:
C
Phone:
239-461-2120
Chambers Staff
Judicial Assistant/Secretary:
Barbara Sauers
Phone:
239-461-2120
Courtroom Deputy:
Bette-Jo Herren
Phone:
239-461-2007
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
Pretrial Detention/Pretrial Procedure (Criminal)
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?
Yes
Do you conduct preliminary pretrial conferences in criminal cases?
Yes
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?
When requested in the Case Management Report.
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?
No
Should copies of published cases cited in motions and memoranda be forwarded to chambers?
Yes
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
Yes
Do you regularly set aside time during a given week/month for hearings on motions?
No
Under what circumstances do you allow telephonic hearings?
When requested by the parties.
What is your practice concerning oral arguments on referred dispositive motions?
Discretionary
Will you entertain motions in limine prior to trial?
Yes
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?
ERISA, FLSA, IDEA
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
Settlement
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
Court ordered mediation is required in most cases. Upon request, the Court will set a settlement conference.
Trial
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?
No
Do you require trial briefs in bench trials?
Yes
If you require trial briefs, when are they due?
See the Scheduling Order.
Do you permit counsel to perform voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire?
It depends on the type of case.
If NO, can counsel submit proposed voir dire questions?
Yes
Do you impose any standard time limits on counsel's opening statements?
No
When do you require counsel to file proposed jury instructions?
See the Scheduling Order.
When standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
No
Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
Yes
Should the proposed findings and conclusions also be submitted to chambers electronically?
Yes
Revised: 10-30-2018