Anthony Edward Porcelli
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:
10th Floor
Assigned Courtroom:
10A
Phone:
813-301-5540
Email address (only for proposed orders or jury instructions):
Chambers Staff
Judicial Assistant/Secretary:
Lynne Vito
Phone:
813-301-5540
Courtroom Deputy:
Lynne Vito
Phone:
813-301-5540
Law Clerk phone number(s), only if you permit law clerk(s) to receive calls:
813-301-5541
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
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
Lynne Vito
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
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 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?
No
If NO, is a plea deadline set at pretrial conferences?
No
What is your policy concerning nolo contendere or Alford pleas?
I am opposed to them, but do not have a per se rule.
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?
No
If YES, what matters do you typically discuss during preliminary pretrial hearings?
Will conduct them if requested by the parties.
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?
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 appropriate or when requested.
What is your practice concerning oral arguments on referred dispositive motions?
I very rarely conduct them, but will consider it if requested.
Will you entertain motions in limine prior to trial?
Yes
If YES, how far in advance should they be filed?
The deadline will be set at the pre-trial conference, and the motions may be considered pre-trial if the issue can be resolved without the benefit of the trial testimony.
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.)?
No
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?
ADR is encouraged, and the Court is available, if requested, to conduct mediation.
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?
Yes. The Court utilizes a special discovery order in FLSA cases.
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?
Case by case determination.
Do you grant specially set trial dates (dates certain)?
Yes
If YES, under what circumstances will you grant trial dates certain?
Dates certain are always given. A date is scheduled in consideration of the parties' schedules.
Do you conduct pretrial conferences?
Yes
Do you conduct Daubert hearings prior to trial?
Yes
Do you require trial briefs in bench trials?
Yes
If you require trial briefs, when are they due?
Date is set in pre-trial order.
Do you have any requirements for trial briefs?
Requirements are set in pre-trial order.
Do you permit counsel to perform voir dire?
Yes
If YES, when should such questions be submitted?
Deadline is set in pre-trial order.
Do you allow back striking during jury selection?
Yes
Do you impose any standard time limits on counsel's opening statements?
Yes
If YES, what are the time limits?
Case by case determination.
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
When do you require counsel to file proposed jury instructions?
Deadline is set in pre-trial order.
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?
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?
Deadline is set in pre-trial order.
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"?
Avoid personal commentary/attacks on opposing counsel.
Revised: 10-30-2018