Mac Richard McCoy
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:
2110 First Street, Suite 5-181, Fort Myers, FL 33901
Assigned Courtroom:
5C
Phone:
(239) 461-2120
Email address (only for proposed orders or jury instructions):
Chambers Staff
Courtroom Deputy:
Fabiana Nicastri
Phone:
(239) 461-2007
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:
(239)461-2120
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?
No
May counsel contact chambers to speak with your law clerk(s) on the status of pending matters?
No
Comments:
Chambers staff will not provide legal advice, interpret the Federal or Local Rules, provide time estimates for the court's written rulings, or discuss the merits of any case ex parte. Before contacting chambers, counsel and pro se litigants must inform and, if requested, include the opposing party to avoid any appearance of ex parte communications.
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?
See Local Rule 7.02 (https://www.flmd.uscourts.gov/local-rules/rule-702-electronics-courthouse)
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
Fabiana Nicastri, Courtroom Deputy Clerk, (239) 461-2007
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)?
Telephone chambers immediately to advise of the need for correction and also promptly file a motion to correct the filing.
Do you have a preferred method governing the filing of sealed documents?
Strict compliance with Local Rule 1.11 (https://www.flmd.uscourts.gov/local-rules/rule-111-filing-under-seal-civil-action) is required.
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?
In civil cases, Local Rule 3.01(f) prohibits the submission of proposed orders unless permitted by the local rules or with leave of court. If permitted, a proposed order should be (1) submitted as an attachment to the motion or brief to which it relates and (2) submitted to Judge McCoy's chambers email account ([email protected]) in native Microsoft Word file format.
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
Proposed orders submitted to Judge McCoy's chambers email account ([email protected]) must be submitted in native Microsoft Word file format only.
Comments:
In civil cases, compliance with Local Rule 3.01(f) (https://www.flmd.uscourts.gov/local-rules/rule-301-motions-and-other-legal-memorandums) is strictly enforced. Counsel should not submit a proposed order unless the Court's local rules require it or Judge McCoy invites it. In criminal cases, proposed orders on routine motions are required and must be emailed to Judge McCoy's Courtroom Deputy Clerk or to Judge McCoy's chambers email account ([email protected]) in MS Word format.
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 is permitted.
If a proffer is permitted, can the defendant’s counsel call the government case agent and cross-examine him/her?
No
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
What criteria do you apply in determining whether to impose a financial assessment on a defendant for the services of appointed counsel?
Reimbursement to the United States may be ordered consistent with the Middle District of Florida's Criminal Justice Act Plan (https://www.flmd.uscourts.gov/sites/flmd/files/documents/mdfl-criminal-justice-act-plan.pdf).
Do you conduct preliminary pretrial conferences in criminal cases?
No
Do you require the defendant to be present at status conferences?
No
Do you have a regular plea deadline?
Yes
If YES, when is that deadline?
Plea deadlines are set by the presiding United States District Judge.
What is your policy concerning nolo contendere or Alford pleas?
They are not permissible.
Do you have any special procedures regarding plea agreements for individuals who are cooperating with the government, e.g., sealed plea agreements, etc.?
No
What is your policy as to plea agreements that involve sentencing recommendations?
No policy
Pretrial Procedure (Civil)
Do you issue a standard pretrial order?
Yes
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?
Matters specified in Fed. R. Civ. P. 16 and 26(f), as well as any matters specified in the hearing notice or Judge McCoy's pre-hearing orders, and any issues raised in the parties' Case Management Report. See also Judge McCoy's Judicial Preferences Page (https://www.flmd.uscourts.gov/judges/mac-mccoy).
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 have any requirements, beyond those found in the Federal Rules and the Local Rules, as to ex parte temporary restraining orders?
No
Do you hear preliminary injunction motions?
No
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?
Yes
Do you regularly set aside time during a given week/month for hearings on motions?
Yes
If YES, when is your normal hearing date/time?
Preliminary Pretrial Conferences are generally scheduled on Tuesday mornings. Change of plea hearings are generally scheduled on Thursdays.
Under what circumstances do you allow telephonic hearings?
Parties may request telephonic hearings and appearances by motion.
What is your practice concerning oral arguments on referred dispositive motions?
The Court will consider any party's request for oral argument on a case-by-case basis consistent with Local Rule 3.01(h) (https://www.flmd.uscourts.gov/local-rules/rule-301-motions-and-other-legal-memorandums). The Court may also set matters for oral argument sua sponte if the Court determines that oral argument may be helpful.
Will you entertain motions in limine prior to trial?
Yes
If YES, how far in advance should they be filed?
Deadlines for motions in limine in consent cases are specified in the Case Management and Scheduling Order entered by the Court in each case.
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?
Standard scheduling orders are entered in ERISA, FLSA, ADA and other cases directing the parties as to applicable procedures. See Local Rule 3.02(d).
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:
Subject to Judge McCoy's availability.
Settlement
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
Mediation is governed by Chapter Four of the Local Rules (https://www.flmd.uscourts.gov/local-rules).
Do you require counsel to submit a proposed order referring the case to mediation?
No
Do you have any special procedures for the settlement of FLSA cases?
When requesting judicial approval of any proposed settlement, the parties must disclose all side agreements between them relating to the resolution of the action.
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?
Upon consent, the Court typically schedules a Preliminary Pretrial Conference to address all remaining case management deadlines, including any adjustments to the trial date. Otherwise, the Court may invite the parties to submit an Amended Case Management Report proposing any adjustments to the remaining case management deadlines, including the trial date.
Do you grant specially set trial dates (dates certain)?
Yes
If YES, under what circumstances will you grant trial dates certain?
All consent cases are set for trial commencing on a date certain.
Do you conduct pretrial conferences?
Yes
Do you conduct Daubert hearings prior to trial?
No
Do you require trial briefs in jury trials?
Yes
Do you require trial briefs in bench trials?
Yes
If you require trial briefs, when are they due?
Deadlines are established in the Case Management and Scheduling Order entered in the specific case.
Do you have any requirements for trial briefs?
No
Do you permit counsel to perform voir dire?
No
If NO, can counsel submit proposed voir dire questions?
Yes
If YES, when should such questions be submitted?
Deadlines are established in the Case Management and Scheduling Order entered in the specific case.
Do you allow back striking during jury selection?
No
Do you impose any standard time limits on counsel's opening statements?
Yes
If YES, what are the time limits?
Fifteen minutes.
When do you require counsel to file proposed jury instructions?
Deadlines are established in the Case Management and Scheduling Order entered in the specific case.
Should jury instructions also be submitted to chambers electronically?
Yes
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
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
A deadline will be set after consultation with counsel following the conclusion of the bench trial.
Should the proposed findings and conclusions also be submitted to chambers electronically?
Yes
General Advice
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"?
See Judge McCoy's Judicial Preferences Page (available at http://www.flmd.uscourts.gov/judicialInfo/FtMyers/JgMcCoy.htm).
Do you have any other practice pointers, advice, observations, or suggestions for members of the Bar appearing before you?
See Judge McCoy's Judicial Preferences Page (https://www.flmd.uscourts.gov/judges/mac-mccoy).
Links
Links to your court's webpage with information about your practices or other links you recommend for practitioners:
https://www.flmd.uscourts.gov/judges/mac-mccoy
Attachments
Description:
Forms are available on Judge McCoy's Judicial Preferences Page (https://www.flmd.uscourts.gov/judges/mac-mccoy).
Revised: 02-16-2017