The Honorable Carol Mirando

United States Magistrate Judge


Ft. Myers Division
TEL: 239-461-2170


Biography:

EDUCATION: B.S., University of Rhode Island; M.B.A., University of Miami; J.D., Stetson University College of Law (Editor-in-Chief of Stetson Law Review).


PROFESSIONAL: Sworn in as U.S. Magistrate Judge on January 21, 2014. Law Clerk to Judge Paul H. Roney, Eleventh Circuit Court of Appeals; Law Clerk to Judge Harvey E. Schlesinger, U.S. District Court, Middle District of Florida; Associate, Holland & Knight; V.P and Senior Counsel, Colomer USA; Adjunct Professor, Florida Coastal School of Law; Assistant General Counsel, City of Jacksonville Office; Past President, Jacksonville Chapter of the Federal Bar Association; Marketing/Advertising Manager, The Miami Herald; Market Research Manager, Reed & Barton.


Chambers Staff:


 

Windy Winkel
Courtroom Deputy
239-461-2008
 

Abby Barfelz
Law Clerk
 

Ashley N. Ward-Singleton
Law Clerk

 

Case & Trial Management Preferences:

Questions regarding civil and criminal case management and practices, as well as case-specific questions, should be directed to the Judge’s Courtroom Deputy, Bobbie Woodford.  If appropriate, inquiries may be passed along to other chambers staff.


Resources:


Discovery Motions:
Before filing any motion in a civil case, the moving party shall confer with counsel for the opposing party in a good faith effort to resolve the issues raised by the motion, and shall file with the motion a statement certifying that the moving party has conferred with opposing counsel, and that counsel have been unable to reach an agreement on the resolution of the motion.  M.D. Fla. R. 3.01(g).  The term “confer” in Local Rule 3.01(g) requires a substantive conversation in person or by telephone in a good faith effort to resolve the motion without court action, and does not envision an exchange of ultimatums by email or letter.  Counsel who merely attempt to confer have not conferred.  The Court may deny motions that fail to include an appropriate, complete Local Rule 3.01(g) certificate. 


Before filing motions to compel/protective order, the parties are directed to Local Rule 3.04.  Failure to fully comply with Local Rule 3.04, requiring the motion to quote in full each interrogatory, question; to quote in full opposing party’s objection and grounds, or response which is asserted to be insufficient, and to state the reasons the motion should be granted, will cause the motion to be denied.


When a discovery motion is filed, the parties should expect that the Court could schedule a telephonic hearing on the motion. 


Confidentiality Orders:
Confidentiality orders should be limited to documents or specific categories of documents that are subject to confidential treatment under prevailing law.  Judge Mirando will not issue blanket confidentiality orders that provide that any information designated by the parties as confidential will be protected.  The parties, however, are free to enter into private confidentiality agreements.  Under Rule 26(c) of the Rules of Civil Procedure, good cause must be shown before a protective order will be granted.  In rare circumstances, the Court may order the filing of information under seal.   See Middle District Discovery Handbook Section I. C. 2.  If a request for filing under seal is made, the Eleventh Circuit precedent setting forth the governing standard and the public’s interests, as well as the requirements of Local Rule 1.09, should be addressed.  See Nixon v. Warner Communications, Inc., 435 U.S. 589, 597 (1978); Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304, 1311-12 (11th Cir. 2001); Globe Newspaper Co. v. Superior Court for Norfolk County, 457 U.S. 596, 606-07 (1982); Microlumen, Inc. v. Allegrath, Case No. 8:07-cv-350-T-17TBM, 2007 WL 1247068 (M.D. Fla. Apr. 30, 2007).


Emergency Motions:
Emergency motions should be designated as such in the caption of the motion.  See M.D. Fla. R. 3.01(e).  Emergency motions should be served on opposing counsel, and any necessary non-parties, 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 that the matter requires expedited consideration due to upcoming deadlines, etc.


Disputes Arising During Depositions:
If a dispute arises during a deposition in a case in which Judge Mirando is the assigned Magistrate Judge, counsel and any unrepresented parties may contact chambers to ascertain whether the Judge is available to consider the disputed issue by telephone.  Counsel for the parties, however, should conduct a good faith conference pursuant to Local Rule 3.01(g) on the record before involving the court.  If the Judge is available, she will hear the dispute in a telephone conference call in which all counsel and any unrepresented parties participate, recorded by the parties’ private court reporter.


Hearings and Oral Argument:
Hearings on motions may be scheduled at the written request of the parties or, from time to time, by order of the Judge without the request of the parties.  Witnesses and other evidence are generally not permitted at oral argument unless permission to present evidence is obtained from the Court before the hearing.  Counsel and unrepresented parties who wish to present argument are generally required to appear in court in person.  Oral arguments and evidentiary hearings will be scheduled by the courtroom deputy.  Although in person appearances are presumed, telephonic appearances may be granted – for good cause – upon the request of counsel.


The parties should contact the Judge’s Courtroom Deputy to schedule any hearings.  


Hearing Materials:
When appropriate, the Court would appreciate receiving a notebook of the relevant authorities (preferably with the pertinent portions highlighted).  For evidentiary hearings, parties should provide the Court with copies of witness and exhibit lists prior to the hearing and a set of exhibits at the hearing. 


Official Record of Proceedings:
All proceedings (except if parties call in during depositions) before Judge Mirando are recorded by the courtroom tape recording system or by a court reporter.


Proposed Orders:
The parties should not submit proposed orders unless requested by the Court or a party requests permission from the Court to do so.  Whenever a party submits a proposed order to the Court, please send a courtesy copy to chambers email address, chambers_flmd_mirando@flmd.uscourts.gov, in Microsoft Word format. 


Trials:
Upon consent of the parties, Judge Mirando will schedule bench and jury trials to begin on a date certain.  The parties will be directed to provide the Court with copies of witness and exhibit lists prior to the final pretrial conference.  All exhibits should be marked before trial.  In addition, parties should provide Judge Mirando with a bench book containing copies of documentary exhibits they intend to use at trial, which copies should be marked with exhibit numbers.  Judge Mirando also appreciates receiving an electronic version of the parties’ proposed jury instructions or proposed findings of fact and conclusions of law in Microsoft Word format prior to the final pretrial conference, as set forth in the scheduling order, sent to chambers email address, chambers_flmd_mirando@flmd.uscourts.gov.