The Honorable Philip R. Lammens
Amanda B. Reed
Jamie L. Shideler
Emergency motions should be designated as such in the caption of the motion. See M.D. Fla. L.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.
Motions to Compel/Protective Order – Local Rule 3.04
The parties are directed to Local Rule 3.04.
Disputes Arising During Depositions
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 ascertain whether the Judge is available to consider the disputed issue by telephone. However, counsel for the parties 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, he will hear the dispute in a telephone conference call in which all counsel and any unrepresented parties participate.
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 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. SeeMiddle 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 U.S. v. Rosenthal, 763 F.2d 1291, 1293 (11th Cir. 1985); 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. Allegrati, Case No. 8:07-cv-350-T-17TBM, 2007 WL 1247068 (M.D. Fla. April 30, 2007).
Assertions of Fact
Any assertion of fact in a motion must be supported by an affidavit, testimony or be uncontested by the opposition before it will be accepted by the Court.
Hearings and Oral Argument
Hearings on motions are 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.
When appropriate, the Court would appreciate receiving a notebook of the relevant authorities (preferably with the pertinent portions highlighted).
Official Record of Proceedings
All proceedings before Judge Lammensare recorded by the courtroom tape recording system or by a court reporter.
Whenever a party submits a proposed order to the Court, we would appreciate receiving a courtesy copy sent to our chambers e-mail address, preferably in Microsoft Word format.
Upon consent of the parties, Judge Lammens 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 Lammens with a bench book containing copies of documentary exhibits they intend to use at trial, which copies should be marked with exhibit numbers. Judge Lammens also appreciates receiving an electronic version of the parties’ proposed jury instructions or proposed findings of fact and conclusions of law at the final pretrial conference.
Generally the Court will conduct voir dire, taking the proposed questions from the parties into account.