The Florida Bar

Judicial Practice Survey

Philip R. Lammens

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:

Ocala

Assigned Courtroom:

1A

Phone:

352-369-4869

Email address (only for proposed orders or jury instructions):

[email protected]

Chambers Staff

Courtroom Deputy:

Mari Jo Taylor

Phone:

352-369-4861

Communication with Chambers

Comments:

The Courtroom Deputy should be contacted about emergency or time sensitive filings. Generally law clerks will provide very limited information in response to attorney inquiries.

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?

I follow In re: Possession and Use of Personal Electronic Devices in Federal Courthouses in the Middle District of Florida, which can be found on the MDFL website and also under my profile: http://www.flmd.uscourts.gov/judges/philip-lammens

Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?

Mari Jo Taylor, Courtroom Deputy

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 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?

If requested, both CM/ECF and chambers email.

Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?

Word

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

Comments:

Counsel should be mindful that the district judge may impose a plea deadline in the case.

Pretrial Procedure (Civil)

If YES, what matters do you typically discuss during preliminary pretrial hearings?

Any pending motions or anticipated issues in the case.

Comments:

Several of my pretrial practices are set forth under my profile on the MDFL website at http://www.flmd.uscourts.gov/judges/philip-lammens and, particularly where the parties have consented to the magistrate judge's jurisdiction, direct case management orders.

Discovery

If YES, what types of cases and what are the deadlines or procedures?

Typically I'll issue a specific case management order for ERISA and FLSA cases.

Settlement

Comments:

The Court generally requires the parties to confer in an effort to settle FLSA cases early in the litigation and before a more substantive case management order issues.

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?

I'll generally hold a status conference and confer with counsel regarding a proposed trial date.

If YES, under what circumstances will you grant trial dates certain?

Typically if requested and if the date is available.

What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?

See my profile on the MDFL website http://www.flmd.uscourts.gov/judges/philip-lammens

If you require trial briefs, when are they due?

I generally allow trial briefs, but might require them if necessary.

If YES, when should such questions be submitted?

Usually a week in advance of trial, though this is set in my case management or trial order.

When do you require counsel to file proposed jury instructions?

Usually a week in advance or as set by order.

If YES, when do you require the proposed findings of fact and conclusions of law to be filed?

After trial and after consultation with counsel.

Links

Links to your court's webpage with information about your practices or other links you recommend for practitioners:

http://www.flmd.uscourts.gov/judges/philip-lammens

Attachments

Trial Order.pdf

Jury Selection and Trial Procedures For Counsel.pdf

Case Management Order.pdf

Revised: 05-24-2018