Chambers Email: email@example.com
Federal Judicial ServiceMagistrate Judge, United States District Court for the Middle District of Florida
Appointed on July 2, 2012
University of Florida, B.A., 1999
University of Florida Levin College of Law, J.D., 2002
Professional CareerLaw Clerk, The Honorable William Hodges, United States District Court for the Middle District of Florida, 2002–2004Law Clerk, The Honorable Joel Dubina, United States Court of Appeals for the Eleventh Circuit, 2004–2005
Trial Attorney, Civil Division, Torts Branch, United States Department of Justice, 2005–2006
Assistant General Counsel, City of Jacksonville, Florida, 2006–2008
Assistant United States Attorney, Middle District of Florida, 2008–2012
A judge may prefer the use of particular forms for things like the case management report, the certificate of interested persons, and trial exhibits. Please see Judge Lammens's preferences on forms below.
See this brochure for general information on United States magistrate judges.
Confidentiality orders should be limited to documents or specific categories of documents that are subject to confidential treatment under prevailing law. Judge Lammens will not issue blanket confidentiality orders that provide that any information designated by the parties as confidential will be protected. However, the parties are free to enter into private confidentiality agreements. Under Rule 26(c) of the Federal Rules of Civil Procedure, a party must show good cause before a court will issue a protective order. In rare circumstances, the court may order the filing of information under seal. See Middle District Discovery Handbook Section I. C. 2. If a party asks to file information under seal, he or she should address Eleventh Circuit precedent setting forth the governing standard and the public's interests and the requirements of Local Rule 1.09. See Globe Newspaper Co. v. Superior Court for Norfolk Cty., 457 U.S. 596, 606–07 (1982); Nixon v. Warner Commc'ns, Inc., 435 U.S. 589, 597 (1978); Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311–12 (11th Cir. 2001); United States v. Rosenthal, 763 F.2d 1291, 1293 (11th Cir. 1985); Microlumen, Inc. v. Allegrati, Case No. 8:07-cv-350-T-17TBM, 2007 WL 1247068 (M.D. Fla. April 30, 2007).
Any party intending to use courtroom technology, including accessing the internet, must consult with the courtroom deputy in advance. Additionally, all visitors to any courthouse in the Middle District of Florida should review the Order on Cell Phones and Electronic Devices in Courthouses.
If a dispute arises during a deposition in a case in which Judge Lammens is the assigned magistrate judge, counsel and any unrepresented parties may contact chambers to determine whether the judge is available to consider the disputed issue by telephone. However, counsel for the parties should confer in good faith in accordance with Local Rule 3.01(g) on the record before involving the court. If the judge is available, he will hear the dispute in a telephone conference call in which all counsel and any unrepresented parties participate.
Emergency motions should be designated as such in the caption of the motion. See Local Rule 3.01(e). Emergency motions should be served on opposing counsel and any necessary nonparties by hand-delivery or other equivalent method of service. If a motion is not a true emergency but is time-sensitive, counsel may indicate the matter is time sensitive in the caption of the motion and in the body of a motion explain why they believe the matter requires expedited consideration.
Hearings on motions are scheduled at the written request of the parties or, from time to time, by order of the judge without a request from the parties. Witnesses and other evidence are generally not permitted at oral argument unless the parties obtain permission to present evidence before the hearing. Counsel and unrepresented parties who wish to present argument are generally required to appear in court in person. The courtroom deputy will schedule oral arguments and evidentiary hearings. Although in-person appearances are presumed, the court may permit appearance by telephone—for good cause—on a party's motion.
If an evidentiary hearing is being conducted, each party must submit three exhibit binders to the court. The copies should be marked with exhibit tags and appropriate exhibit numbers.
Each party may also submit (but must if directed to) a courtesy electronic exhibit binder that contains all individual exhibits and joint exhibits each party intends to introduce. The exhibits must be saved as PDF documents and compiled into a single PDF file. Counsel must identify each exhibit separately using PDF bookmarks.
If an exhibit is physical evidence, counsel should insert a placeholder exhibit that states, "Exhibit [number] is [description of exhibit]."
The electronic exhibit binder should be emailed to chambers. Include the case number and case name in the subject line. If the file containing the electronic exhibit binder is too large to email, then it may be submitted to the court on a thumbdrive containing the electronic file.
Many answers to frequently asked questions are found in the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, Federal Rules of Evidence, the Local Rules for the Middle District of Florida, and the Middle District of Florida's Case Management/Electronic Case Filing (CM/ECF) Administrative Procedures for Electronic Filing. The court expects counsel and pro se litigants to know and follow these rules. Frequent review of the rules is recommended, as they are often amended.
Parties may obtain a copy of the Local Rules from this website or by visiting the office of the Clerk of Court.
The Middle District's Guide for Proceeding Without a Lawyer and Handbook on Civil Discovery Practice are also helpful resources with information on proceeding in court without a lawyer.
The parties are directed to Local Rule 3.04 and should consult the Middle District's Civil Discovery Practice Handbook for guidance.
All proceedings before Judge Lammens are recorded by the courtroom audio-recording system or by a court reporter.
If the court requests a proposed order, a copy should be submitted in Microsoft Word format (.doc and .docx) to the chambers email. Generally, parties should not submit proposed orders unless directed to.
In accordance with the applicable case management and scheduling order, the court encourages stipulations of fact to avoid calling unnecessary witnesses. Where a stipulation is insufficient, the court permits the use of depositions. Generally, the parties must file with the court copies of deposition transcripts (preferably mini-script versions) reflecting, in different highlighted colors, the deposition excerpts designated by each party to be read at trial.
By the morning of trial (before jury selection or the commencement of a bench trial), each party must submit three exhibit binders to the court. The copies should be marked with exhibit tags and appropriate exhibit numbers.
In addition, each party may also submit (but must if directed to) a courtesy electronic exhibit binder that contains all individual exhibits and joint exhibits each party intends to introduce at trial. The exhibits must be saved as PDF documents and compiled into a single PDF file. Counsel must identify each exhibit separately using PDF bookmarks.
The electronic exhibit binder should be emailed to chambers. Include the case number and case name in the subject line. If the file containing the electronic exhibit binderis too large to email, then it may be submitted to the court on a thumbdrive containing the electronic file.
In accordance with the applicable case management and scheduling order, counsel for each party must file and exchange a list of exhibits that may be introduced at trial. In completing the exhibit list form, counsel must provide a descriptive notation sufficient to identify each exhibit.
In addition, on the morning of trial, before jury selection, counsel must provide the courtroom deputy with three copies of the exhibit lists and email the lists in Microsoft Word format (.doc and.docx) to chambers. Include the case number and case name in the subject line.
To avoid duplicate exhibits and confusion in the record, counsel must submit all stipulated exhibits as joint exhibits. Counsel must identify joint exhibits on a single exhibit list rather than separately list the joint exhibits on their individual exhibit lists. For example, if photographs or medical records are being stipulated into evidence, they should be marked as a joint exhibit and not listed separately on each party's witness list. Each party's exhibit list should include only additional exhibits to which objections have been asserted.
The court typically holds trial from 9:00 a.m. to 5:00 p.m. with two 15-minute breaks and a lunch recess. This schedule may change as circumstances require.
Jury Instructions and Verdict Forms
In accordance with the applicable case management and scheduling order, counsel must file and serve proposed jury instructions and verdict forms based on the United States Court of Appeals for the Eleventh Circuit Pattern Jury Instructions. If a pattern instruction is not available for a certain type of instruction, counsel must submit a proposed instruction and cite authority supporting the requested non-pattern instruction.
Jury Selection and Voir Dire
Jury selection is typically set for the morning of the first day of trial. The court conducts voir dire. The court typically selects eight jurors for civil cases, although it may seat additional jurors in lengthier cases.
In accordance with the case management and scheduling order, counsel must file and serve proposed voir dire questions specific to the case. The court will give due consideration to the parties' proposed questions when conducting voir dire. Counsel must email the proposed questions in Microsoft Word format (.doc or .docx) to chambers. Include the case number and case name in the subject line.
Before trial, counsel for each party must mark exhibits using the court's exhibit tags. Counsel must staple the appropriate party-specific exhibit tag to the upper right corner of the first page.
In completing the exhibit tags, the parties must use consecutive numbers to mark exhibits. For example:
Proposed Findings of Fact and Conclusions of Law
The parties should expect to submit proposed findings of fact and conclusions of law within 21 to 30 days after the conclusion of the bench trial. Each must be separately stated in numbered paragraphs. Findings of fact must contain a detailed listing of the relevant material facts the party has established in a simple narrative form. Conclusions of law must contain a full exposition of the legal theories relied upon by counsel. Parties must file proposed findings of fact and conclusions of law with the court and email them to chambers in Microsoft Word format (.doc or .docx).
Generally, no later than seven days before the trial date (unless the court sets a specific date), to the extent necessary, each side may file a trial brief not exceeding 10 pages, with citations to authorities and arguments specifically addressing issues (if any) raised in the pretrial statement (see Local Rule 3.06(c)(12) and (13)) and any other significant disputed issues of law likely to arise at trial.
Trial Term and Calendar
Parties must immediately inform the court of any development that may affect trial after the trial date is set. In civil cases, the court may assess jury costs to the parties if they fail to inform it of settlement before the jury is called.
In accordance with the applicable case management and scheduling order, counsel for each party must file and exchange a list of all witnesses who may be called at trial. In addition, on the morning of the first day of trial, counsel for each party must provide three copies of its final witness list to the courtroom deputy.
Absent good cause, the court will not permit the testimony of unlisted witnesses at trial over objection. This restriction does not apply to true rebuttal witnesses (i.e., witnesses whose testimony could not have been reasonably foreseen as necessary).