Gregory A. Presnell
Senior United States District Judge
Born 1942; appointed in 2000 by President Clinton
College of William and Mary, B.A. (economics), 1964; University of Florida, J.D., with high honors, 1966
Akerman, Senterfitt & Eidson, PA, Orlando, Florida, 1967 to August 2000
President, Orange County Bar Association, 1975; President, Florida Legal Services, 1977-79; Fellow, American College of Trial Lawyers; Florida Bar Foundation (Board of Directors), 1984-88; Florida Bar Board of Governors, 1989-93; Chair, Business Litigation Certification Committee.
Honors and Awards
Order of the Coif; The Florida Bar, President's Award of Merit, 1992; Orange County Bar Association Bill Trickle Professionalism Award, 1996; Gary Formet Award of Judicial Excellence, 2007.
Judicial Committees and Activities
Chairman, Ninth Circuit Judicial Nominating Commission, 1982-83
Case & Trial Management Preferences
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
Criminal motions to continue trial shall be filed contemporaneously with a Waiver of Speedy Trial. The Waiver must specify the end date of the waived period, which should be the last day of the requested trial term.
The Court will NOT consider, absent extraordinary circumstances, motions or memoranda that are not filed at least 3 business days before sentencing hearing.
The parties are not excused from the status conference unless both the plea agreement and actual change of plea hearing have been completed PRIOR to the status conference date.
Case Management and Scheduling Orders
The standard form for case management reports is located here, and is provided under Case and Trial Management Forms below. When signing the Case Management Report, attorneys must comply with Local Rule 1.05(d) and include all required information.
Ordinarily, the Court will enter a scheduling order within seven days of the filing of the Case Management Report. A preliminary pretrial conference will not be held unless requested by the parties or deemed necessary by the Court. Preliminary pretrial conferences are normally conducted by the magistrate judge assigned to the case.
Fair Labor Standards Act Cases
In cases where all claims are based upon the Fair Labor Standards Act ("FLSA"), the provisions of Rule 26 (a)(1) and Local Rule 3.05 (c)(2)(B) and (d) concerning the initial disclosures and filing of a case management report may be waived. In such cases, the Court will issue a scheduling order after the defendant appears in the case. If no scheduling order is entered within 10 days, the parties shall comply with the Federal Rules of Civil Procedure and Local Rule 3.05 as to standard track two cases.
Schedule permitting, Judge Presnell normally conducts a final pretrial conference in each civil case approximately three weeks prior to trial. Motions in limine will be heard at that time.
Motions For Summary Judgment
The parties will be advised if Judge Presnell will require paper copies of exhibits in support of motions for summary judgment. The Court prefers transcripts in full-page format.
When filing motions and responses with the Clerk, it is not necessary to provide the Judge's staff with separate "courtesy" copies. The parties will be advised if Judge Presnell will require paper copies of exhibits in support of motions and responses. The judge prefers transcripts in full-page format. All copies may be mailed.
Mediation is required in substantially all civil cases, and should be completed six months prior to the scheduled trial date. The parties can stipulate to a mediator in their case management report. If they fail to do so, the Court will appoint a mediator. The parties will have 14 days from the date of the Case Management & Scheduling Order within which to object to any Court-appointed mediator and present a STIPULATED alternate mediator.
Per the standing order entered in 6:13-mc-94-Orl-22, each attorney authorized to practice in this Court is permitted to bring one cell phone and one laptop computer into the courthouse. Judge Presnell allows this electronic equipment to be brought into his courtroom, in silent mode. Any request for additional technology must be made by motion.
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 here.
The Court will conduct the jury voir dire, giving due consideration to questions proposed by the parties. After its voir dire, the Court will inquire of counsel as to any additional proposed questions.
The Court will normally be in session from 8:30 a.m. until 4:30 p.m. each day with one hour and fifteen minutes for lunch. However, this schedule may change as circumstances require.
Counsel, parties, and witnesses appearing in Court shall dress appropriately.
Ten (10) days prior to trial, the parties shall exchange a list of those witnesses whom they will definitely call at trial (the "A" list) and a list of those witnesses they may call at trial (the "B" list).
By the conclusion of the proceedings each day, the party presenting its case shall advise the opposing party and the Court of those witnesses whom it intends to call the following day.
Ten days prior to trial, the parties shall exchange a list of those exhibits they definitely intend to introduce in evidence at trial (the "A" list), and a list of those exhibits they may seek to introduce at trial (the "B" list).
The original "A" exhibits, with an exhibit list, shall be given to the Clerk at the onset of trial. These exhibits are to be appropriately tagged with colored exhibit tags (Plaintiff Blue and Defendant Yellow) stapled to the upper right-hand corner of the first page of each exhibit. An exhibit tag template can be found at the bottom of this webpage. The exhibit list included with this original set should not contain anything in the ID, Admitted, Witness, and Objection columns. This information will be completed by the Clerk during trial.
Two benchbooks containing copies of "A" exhibits shall also be supplied to the Clerk at the onset of trial. One benchbook will be for the Judge and one will be for the witness box. The Judge’s book shall include an exhibit list which reflects any objections to the listed exhibits. The bench and witness sets do not require exhibits tags; however, counsel shall use number tabs to tab out the exhibits for quick reference.
All exhibits on the "A" list of the presenting party which are not objected to shall be introduced and admitted at the outset of that party's case. All exhibits shall be numbered consecutively, preferably with the "A" list exhibits being numbered first.
No later than five days prior to trial, the parties shall electronically file with the Court a single color-coded copy of each deposition transcript, reflecting, in different highlighted colors, the deposition excerpts designated by each party to be read at trial, with objections noted in the margin. A paper copy of each color-coded deposition transcript, in full-page format, shall also be provided to the Court. Transcripts should be in full-page format.
There are two witness rooms located at the entrance of the courtroom.
The courtroom is equipped with the following technology: document camera; several monitors, including at each counsel table, witness box, bench, several in the jury box, etc.; telephone conference capability through the sound system; interpreter/hearing impaired equipment; ability to connect attorney laptops to the system for evidence presentation; and adjustable podium.
Counsel who will be using the equipment are encouraged to make an appointment with the Courtroom Deputy Lisa Maurey (schedule permitting) prior to their proceeding to test the technology's compatibility with the Court's system.
There is an attorney lounge located on the east side of the courthouse on the 4th floor. Absolutely no food is permitted in the courtroom. The parties may bring bottled water into the courtroom.
Counsel shall be 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 as appropriate.
Case & Trial Management Forms:
|Case Management Report||Adobe||Word|
|Case Management Report in Patent Cases||Adobe||Word|
|Interested Persons Order||Adobe||WordPerfect|
|Notice of Pendency of Related Cases||Adobe||WordPerfect|
|Court tags - use white paper||Adobe|
|Defendant tags - use yellow paper||Adobe||Word|
|Government tags - use blue paper||Adobe||Word|
|Joint tags - use green paper||Adobe||Word|
|Plaintiff tags - use blue paper||Adobe||Word|