Brian J. Davis
United States District Judge
Judge Davis is a United States District Judge for the Middle District of Florida. He was appointed by President Barack Obama on December 26, 2013. Prior to his appointment, Judge Davis served as a Circuit Court Judge for the Fourth Judicial Circuit of Florida having been appointed to that position by Governor Lawton Chiles in 1994. Before his service on the bench, Judge Davis practiced in the civil and criminal arenas: Mahoney, Hadlow and Adams (labor law); the State Attorney’s Office, serving as the first African American Chief Assistant (prosecution); and Brown, Terrell, Hogan, et al. (tort law).
Davis earned a Bachelor’s Degree from Princeton University, 1974, and in 1980, a juris doctorate from the University of Florida, serving on Law Review and receiving Moot Court and Appellate Advocacy honors. As an active member of BALSA, he served as a mentor and tutor to incoming students.
Davis served on the Florida Supreme Court's Governance Workgroup, Civil Jury Instruction, Children's Court Improvement, Treatment Based Drug Court Steering, and Trial Court Performance and Accountability Committees and the Florida Bar's Legal Needs of Children Commission. In 2002, the American Board of Trial Advocates honored him as Judge of the Year.
Davis volunteered with Leadership Jacksonville, NCCJ, Urban League, NAACP, Omega Psi Phi Fraternity, Jacksonville Community Council, Hubbard House, Help Center, Pace Center for Girls, OneJax and the Jaguars Foundation.
Davis chaired the Mayor's 1999 Domestic Violence Task Force causing significant changes in the treatment of domestic violence victims and cases within his community. He is an active supporter of Urban Scouting which brings scouting to children without cost. In 2002, Davis co-chaired JCCl's "Beyond the Talk: Improving Race Relations" study resulting in an annual race relations progress report for Jacksonville, and in 2012 co-chaired "Project Breakthrough" a community leadership initiative against racism. Davis, in 2008, helped establish Nassau County's Mental Health Court one of only ten in Florida, where he presided over a docket designed to provide rehabilitative services to the mentally ill in lieu of being incarcerated. He currently serves on the Community Foundation's Board, the Board of the Jacksonville Public Education Fund, and the Boy Scouts of America, North Florida Council’s Executive Council.
To be published at a later date.
Case & Trial Management Preferences:
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|Case Management Report (ERISA cases only)||Adobe||Word|
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|Juror Questionnaire - Criminal||Adobe|
|2016 Trial Schedule|
|2017 Trial Schedule|
TRIAL MANAGEMENT PREFERENCES
Attorneys are encouraged to be familiar with the Codes of Pretrial and Trial Conduct promulgated by the American College of Trial Lawyers and to conduct themselves accordingly. The Codes can be found on the American College of Trial Lawyers website under Publications, All Publications. – Code of Pretrial and Trial Conduct 2009
The Court will conduct the jury voir dire, giving due consideration to questions proposed by the parties. Counsel may be permitted by the Court to briefly supplement the Court’s voir dire examination.
CASE & MANAGEMENT PREFERENCES
Notice of Unavailability of Counsel
The rules of this Court do not provide for filing a Notice of Unavailability as a method to avoid abiding by deadlines and schedules established by the Court or to extend the time for responding to motions. Counsel may notify opposing counsel of his or her unavailability and request that his or her schedule be accommodated. With respect to deadlines for filing documents with the Court, attending hearings, or otherwise, counsel must file a motion for an enlargement of time or a continuance of a hearing or deposition date, as appropriate. It is impractical for the Court to be required to search the docket of each case for notices of unavailability before setting hearings and response deadlines. Accordingly, counsel may not rely upon the filing of the notice as a basis to excuse his or her appearance before the Court as required or to comply with a deadline established by the Court or governing rules of procedures.
After the filing of any civil action the case will be designated for future management on one of three tracks. For a case designated as a track two case, the Plaintiff shall access the case management report form and file the completed form in accordance with Local Rule 3.05.
Within 14 days of the filing of the Case Management Report, the Court will either enter a scheduling order or schedule a preliminary pre-trial conference, if requested by the parties and deemed necessary by the Court.
Judge Davis does not regularly provide oral argument on dispositive motions.
A courtesy copy of any document filed that exceeds twenty-five (25) pages in length (including exhibits) must be provided to Chambers as promptly as possible after the document’s electronic filing, via United States mail or other reliable service. Bound and tabbed exhibits are preferred.
In substantially all cases, mediation is required and should be completed 4-6 months prior to the scheduled trial date. If the parties do not stipulate to a mediator in the case management report, the Court will appoint a mediator.
Final Pre-trial Conference
Arguments on Motions in Limine, if any are allowed, will be heard at the Final Pre-Trial conference. There is no standing order regarding pre-trial conferences. Orders will be entered following the conference.
Counsel are directed to schedule an appointment with the Courtroom Deputy prior to their trial/hearing in an effort to become familiar with the availability, operation and compatibility of the courtroom technology systems, should they wish to use them. The Courtroom Deputy may be reached by phone at (904) 549-1958 or by e-mail at email@example.com. Failure to do so may result in the equipment not being available for use.
Parties are required to notify the Court immediately upon settlement of a case. Any case scheduled for trial will remain on the trial docket until an order of dismissal is entered.
Counsel is advised that the Court will close civil cases for statistical purposes after the entry of a final judgment following a jury verdict, court decision or stipulation of the parties. This will not affect the disposition of post-trial motions or the assessment of fees and costs.
An order scheduling trial will be entered upon the Defendant not pleading guilty and the parties being ready to set the case for Trial.
Parties are not excused from the status conference unless the plea agreement has been executed, the change of plea hearing has been scheduled, and a notice of cancellation of the status conference has been docketed PRIOR to the status conference date. If a plea is not accepted for whatever reason, if it comes after status conference, counsel are advised that they will need to be prepared to go to trial and not expect the failure of a plea to be grounds for a continuance.
The Court will NOT consider, absent extraordinary circumstances, motions or memoranda that are filed less than 7 business days before a sentencing hearing.
Change of Plea
A change of plea must be entered before the assigned Magistrate Judge by the deadline established on the trial calendar for the specific trial term.
Counsel should notify chambers if a scheduled sentencing is anticipated to last longer than 1 hour so that appropriate arrangements can be made to accommodate the extended hearing.