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| Location of Chambers:
99 N.E. 4th Street #1061 Miami, Fl 33132 |
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| Phone Number:
(305) 523-5110 |
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| Assigned Courtroom:
Courtroom 4, Room 1041 |
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| 1. | Staff: |
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| Scheduling Assistant/Secretary:
Shirley Christie
Phone:
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| Courtroom Deputy:
Marilyn Carter
Phone:
(305) 523-5115 |
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| Court Reporter:
Anton Schwartz
Phone:
(305) 523-5118 |
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| Docket Clerk:
:prraome Samde;om
Phone:
(305) 523-5236 |
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| Law Clerks: |
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| (1) Name:
Tony Stabenow
Term Ending:
8/31/05 |
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| (2) Name:
John Worm
Term Ending:
12/16/05 |
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| (3) Name
Term Ending:
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| Policy regarding communication with staff [i.e., Do you permit counsel to contact assigned law clerks?]:
Comments:
Counsel may contact law clerks regarding scheduling. However, all requests should be in writing by way of motions or notices. The Court reviews every pleading filed. |
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| Is it appropriate to telephone Chambers regarding questions of procedure on pending matters?
Comments: |
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| Is it appropriate to telephone Chambers regarding the status of pending matters?
Comments: |
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| 2. | PRETRIAL PROCEDURE (CIVIL): |
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| A. | Preliminary Pretrial Hearings: |
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| Do you conduct preliminary pretrial hearings?
Yes
If YES, what matters do you typically discuss during preliminary pretrial hearings: OR If NO, do you refer preliminary pretrial hearings to a United States Magistrate Judge?
Status hearings and Oral Argument on motions are frequently held. |
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| B. | Motion Practice: |
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| Should courtesy copies of pleadings and motions be forwarded to Chambers?
No
Comments: |
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| Should copies of cases cited in motions and memoranda be forwarded to Chambers?
Comments: |
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| Is it appropriate to cite unpublished opinions in motions or memoranda?
Comments: |
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| If so, should copies be attached to the motions or memoranda?
Comments: |
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| If copies of cases are submitted, do you accept copies which have portions highlighted by counsel?
Comments: |
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| Under what circumstances do you allow telephonic hearings?
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| Will you entertain motions in limine prior to trial?
If you will consider motions in limine prior to trial, how far in advance should they be filed? |
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| 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?
It varies. All hearings are specially set. |
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| What are your procedures concerning ex-parte temporary restraining orders? |
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| Do you hear preliminary injunction motions yourself?
Yes
If YES, do you limit the hearing to argument of counsel?
Yes
If NO, do you routinely refer preliminary injunctions for report and recommendation by a U.S. Magistrate Judge?
No
Comments: |
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| What is your practice concerning oral arguments of dispositive motions?
The Court will sometimes hear oral argument on a dispositive motion. It depends on the issues presented to the court. |
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| Do you prefer that the moving parties submit proposed orders granting all motions filed before your court?
Comments |
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| C. | Settlement: |
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| What is your policy/practice regarding the use of alternative dispute resolution devices such as court-annexed, non-binding arbitration and mediation and do you have a preferred method of alternative dispute resolution? |
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| D. | Discovery: |
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| Do you refer discovery matters to a U.S. Magistrate Judge?
Comments:
It depends. |
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| When a dispute arises during a deposition, is it appropriate to call the Magistrate Judge's Chambers to seek an immediate ruling?
Comments: |
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| Do you have special discovery deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)?
If YES, what types of cases and what are the deadlines or procedures? |
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| E. | Pretrial Conference: |
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| Do you personally conduct pretrial conferences in your cases?
Yes
If YES, do you have a standing order regarding pretrial conference? (If YES, please attach a copy at the bottom of the page.)
No |
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| 3. | PRETRIAL PROCEDURE (CRIMINAL) |
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| A. | Preliminary Pretrial Hearings: |
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| Do you personally conduct preliminary pretrial conferences in criminal cases?
No
If YES, what matters do you typically discuss during a preliminary pretrial conference?
If NO, do you refer preliminary pretrial conferences to U.S. Magistrate Judges?
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| Do you personally conduct hearings on non-evidentiary substantive pretrial motions (to dismiss, sever, or for other relief)?
Comments: |
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| Do you personally conduct hearings on evidentiary substantive pretrial motions to suppress evidence or for other relief?
Comments: |
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| B. | Pleas: |
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| What is your policy concerning nolo contendere or Alford?
Not accepted. |
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| What is your policy concerning plea arrangements that involve sentencing recommendations?
Accepted, but not binding on the court. |
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| 4. | TRIAL: |
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| A. | Trial dates: |
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| Do you grant trial dates certain?
No
If YES, under what circumstances will you grant trial date certain?
Trial is set for a two-week trial period.
If NO, what is your practice or procedure regarding rescheduling trials which are not reached on a trial docket? |
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| If a case is not reached during the scheduled trial term, will the trial date be automatically rescheduled on your next trial docket?
Comments:
Case is always reached or continued at the request of a party. |
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| What is your policy regarding notice of being called for trial during a trial docket? [e.g., 48 hours] |
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| Do you automatically set civil cases for a trial or do you wait for counsel to propose a time period in which a case should be scheduled for trial?
Comments: |
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| B. | Trial Briefs: |
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| Do you require trial briefs in jury trials?
No
Comments: |
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| Do you require trial briefs in bench trials?
Comments:
Pre Trial Stipulation is sufficient. |
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| What are your requirements for trial briefs? |
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| When are trial briefs due? |
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| Do you require proposed findings of fact and conclusions of law to be filed in bench trials?
No
If YES, when do you require the proposed findings of fact and conclusions of law to be filed? |
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| Should findings of fact and conclusions of law filed in connection with a bench trial also be submitted to Chambers on a disk?
Comments: |
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| When do you require parties to file proposed jury instructions? |
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| Where standard jury instructions are available, do you prefer that attorneys submit condensed versions of the standard instructions?
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| Should jury instructions also be submitted to Chambers on a computer disk?
Comments: |
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| C. | Voir Dire: |
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| Do you permit counsel to perform voir dire?
Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire? |
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| If judge conducts voir dire, can parties submit proposed voir dire questions?
If YES, when should such questions be submitted? |
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| What are your peremptory challenge procedures?
Sidebar |
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| In multiple party cases, do you grant each party three peremptory challenges?
No
If NO, do you limit each side [i.e., plaintiff/defense] a total of three peremptory challenges to be shared?
Preemptory challenges are allocated to each side. |
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| Do you allow back striking during jury selection?
Comments: |
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| D. | Opening Statement: |
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| Do you have any standard time limits imposed upon counsel?
No
If YES, what are the time limits? |
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| Can exhibits be used in opening statements?
Yes
Comments:
Sometimes |
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| Do you allow plaintiffs to make a rebuttal during opening statements?
Comments: |
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| E. | Use of Expert: |
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| Do you conduct Daubert hearings prior to trial?
Yes
Comments: |
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| F. | Procedure for Use of Videotapes, Trial Graphics, Depositions and Demonstrations: |
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| What, if any, procedural requirements do you have relative to the use of videotapes, trial graphics, depositions and demonstrations? |
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| G. | Procedure for Objections: |
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| What, if any, procedures do you have concerning objections at trial? |
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| H. | Jury Procedures: |
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| Do you permit jurors to take notes?
Yes
Comments: |
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| Do you permit jurors to ask questions?
Yes
If YES, under what constraints and restrictions?
In writing during deliberations, if parties consent. |
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| 5. | REVIEW PROCEDURES (FOR BANKRUPTCY APPEALS AND SOCIAL SECURITY CASES): |
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| Oral Argument |
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| Under what circumstances do you grant requests for oral argument? |
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| What, if any, comments or suggestions do you have regarding effective oral advocacy before you? |
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| Questions from the Bench |
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| What, if any, comments or observations do you have regarding questions from the bench during oral argument? |
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| Appellate Briefs |
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| What, if any, comments or suggestions do you have regarding effective appellate briefs? |
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| Comparison of Successful Advocacy in Trial and Appellate Courts |
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| What, if any, comments or observations do you have concerning the differences and similarities between successful advocacy before you as a trial court and successful advocacy before you as an appellate court? |
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| Other Observations and Suggestions |
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| What, if any, other observations or suggestions do you have for lawyers about appellate practice in your court? |
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| 6. | OTHER QUESTIONS: |
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| What are your "pet peeves" for the information of the lawyers appearing before you? |
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| What, if any, other observations or suggestions do you have for members of the Bar appearing before you? |
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| Attachments |
|  Biography |