Jacob Aaron Brown
Bankruptcy 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:
Bryan Simpson United States Courthouse, 300 North Hogan Street, Jacksonville, Florida 32202
Assigned Courtroom:
4C
Phone:
904-301-6560
Chamber Staff
Judicial Assistant/Secretary:
Career Law Clerk/Judicial Assistant: Jodie Hollingsworth
Phone:
904-301-6562
Email address:
Court Reporter:
Term Law Clerk: Kameron Fleming
Phone:
904-301-6561
Email Address:
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?
No
May counsel contact chambers to speak with your law clerks(s) on procedural matters?
Yes
May counsel contact chambers to speak with your law clerks(s) on the status of pending matters?
No
Comments:
Please do not contact chambers to ask about orders until you have checked with the case manager first. For routine issues (e.g., rejected orders, docketing issues) contact the appropriate case manager based on the last two digits of the case number. Case manager assignments can be found on the Court’s website at: http://flmb.uscourts.gov under Court Hours & Locations, Jacksonville Division, staff phone list. Thank you.
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?
No.
Is there a designated court staff person to contact relating to the use of electronic media or other audiovisual needs?
Courtroom Deputy, Nancy Hodges
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)?
The procedure for redacting personal information inadvertently included in a filed document, together with a sample motion for such redaction, can be found on the Court’s website at: http://www.flmb.uscourts.gov/proguide/index.asp.
Do you have a preferred method governing the filing of sealed documents?
It depends on the circumstances. Please contact the law clerk to coordinate filing.
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?
See attachment
Should proposed orders be submitted in a format which can be edited, or is a PDF version acceptable?
If requested by the Court, proposed orders should be submitted in a format which can be edited.
Pretrial Practice
When other parties have consented to a motion, do you prefer that the consent is stated in the motion or do you prefer a separately filed notice of consent?
Either way is acceptable. See M.D.Fla. L.B.R. 9072-1(c) governing agreed orders.
Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure, the Federal Rules of Bankruptcy Procedure, or any Local Rules, as to motions for enlargement of time or motions for continuance?
Yes
If YES, what do you require?
Do not assume that a motion for continuance filed at the last minute will be granted absent consent of all parties. Please refer to M.D.Fla. L.B.R. 5071-1 prior to filing your motion for continuance. A motion for continuance must recite that you have discussed the proposed continuance with opposing counsel and whether there is any objection to the continuance. Remember to submit a proposed order along with your request for a continuance. Also, if it is a last-minute request, please call and let the Courtroom Deputy know as soon as you have filed a motion for a continuance.
Should copies of cases cited in motions and memoranda be forwarded to chambers for published cases?
No
Should copies of cases cited in motions and memoranda be forwarded to chambers for unpublished opinions?
No
What is your practice or policy when counsel fails to serve opposing parties with motions within the times set forth in the rules or your orders?
It depends on the circumstances, including the specific rule or order involved.
What do you consider to be an emergency matter?
Generally, situations involving imminent loss of property rights or irreparable injury, first-day motions in chapter 11 cases, and other matters evidencing a true emergency.
How does one request emergency relief?
See M.D. Fla. L.B.R. 9013-1. Submit a motion and certificate of necessity, and the Court will review them. You will then be contacted by the Courtroom Deputy.
What are your procedures concerning ex parte temporary restraining orders?
TRO requests are considered by the Court on a case-by-case basis consistent with the rules and applicable case law.
For which matters is the use of negative notice acceptable?
The use of the negative notice procedure is highly encouraged. The Court's list of papers that may be filed using negative notice is maintained on the Court's website at www.flmb.uscourts.gov.
What is your preferred method for a party to request a hearing date?
In most instances, upon filing of a motion, parties will be notified by a court-generated notice or order setting a hearing. In the case of emergency hearings, the courtroom deputy will contact movant's counsel; counsel is typically instructed to provide notice by telephone or email. The Court may soon utilize self-calendaring for certain matters.
When you schedule a hearing, do you state whether the hearing will be evidentiary (if Fed.R.B.P. 9014(e) has not been implemented)?
Yes.
Under what circumstances do you allow telephonic hearings?
See Procedures Governing Court Appearances Before Judges Brown, Burgess, and Funk, Effective May 1, 2022, posted at www.flmb.uscourts.gov.
Under what circumstances do you require the debtor's attendance at a hearing?
Generally, these include all hearings when the debtor is pro se; hearings on reaffirmation agreements when debtor's counsel has not signed the agreement; all trials and other evidentiary hearings involving the debtor or an interest of the debtor; significant hearings in Chapter 11 cases; and when ordered by the Court.
What is your practice or policy when counsel fails to provide opposing counsel with copies of proposed exhibits prior to hearing or trial?
See attachment.
Will you entertain motions in limine prior to trial?
Yes
If YES, how far in advance should they be filed?
As far in advance as possible and as appropriate.
What is your preference regarding the use of alternative dispute resolution methods such as arbitration or mediation?
See attachment
Do you refer settlement conferences to another Bankruptcy Judge?
Yes
Trial
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics, depositions, and demonstrations?
Please call the Courtroom Deputy no later than 48 hours prior to trial or final evidentiary hearing to coordinate.
If you require trial briefs, when are they due?
See attachment
Do you have any requirements for trial briefs?
See attachment
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"?
Please call Chambers when a matter is settled. Otherwise, valuable time is expended by the Court, which is wasteful of court resources. Counsel should prepare exhibits in compliance with M.D.Fla. L.B.R. 9070-1.
Links
Links to your court's webpage with information about your practices or other links you recommend for practitioners:
www.flmb.uscourts.gov
Attachments
Description:
Full text of Judicial Practice Survey
Revised: 04-03-2023