Daniel C. Irick

United States Magistrate Judge


Orlando Division
TEL: 407-835-3840


Biography:

Daniel C. Irick received an undergraduate degree from the University of Florida in 2000.  He then attended the University of Florida College of Law, where he earned his J.D. degree, magna cum laude, in 2004.  He served as a Senior Research Editor for the Florida Law Review and earned membership in The Order of the Coif.   In 2004, Judge Irick was admitted to the Florida Bar and he proceeded to private practice, working in the civil litigation group of the Miami office of White & Case LLP.  In 2006, Judge Irick accepted a position in Ocala as a term law clerk to Senior United States District Judge Wm. Terrell Hodges.  In 2007, Judge Irick began a nine year career as an Assistant United States Attorney with the United States Attorney’s Office (USAO) for the Middle District of Florida.  Judge Irick worked in the Criminal Division of the Orlando Office and prosecuted a broad array of federal cases, serving at various times as the assigned Organized Crime and Drug Enforcement Task Force prosecutor and the Joint Terrorism Task Force prosecutor.  Judge Irick left the United States Attorney's Office as the Deputy Chief of the Orlando and Ocala offices, as well as the National Security Cyber Specialist and the Anti-Terrorism Advisory Council Coordinator for the USAO.  In 2016, Judge Irick was appointed as a United States Magistrate Judge for the United States District Court for the Middle District of Florida, Orlando Division.


 

Chambers Staff:

  Nativelis Rodriguez
Courtroom Deputy
407-835-5807

Matthew Hainen
Law Clerk
407-835-3840

Robert Rubin
Law Clerk
407-835-3840

   
Chambers Email:
Chambers_FLMD_Irick@flmd.uscourts.gov

 

Case & Trial Management Resources:


Case & Trial Management Preferences:

Emergency Motions:
Few motions qualify as true emergencies. 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.


Discovery Motions:
Before filing or responding to any motion in a civil case, the parties should review and comply with the standards set forth in the Middle District of Florida Handbook on Civil Discovery Practice (rev. June 5, 2015). Before filing any discovery-related 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. M.D. Fla. R. 3.01(g). The moving party shall also 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. Id. 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. Exchanges of ultimatums by email or by letter – especially those that do not allow adequate time for a response – do not satisfy the good-faith conference requirement. Similarly, mere attempts to confer that do not result in a meaningful and productive exchange between counsel do not satisfy the good-faith conference requirement. The Court may deny motions that fail to include an appropriate and complete Local Rule 3.01(g) certificate. Additionally, failure to comply fully with Local Rule 3.04 will cause a discovery motion to be denied. Requests for leave to exceed page limits imposed by Local Rule 3.01 and requests for leave to file reply memoranda on routine discovery motions are strongly disfavored absent a showing of good cause.


Motions to Compel/Protective Order – Local Rule 3.04(a):
To effectuate the overall purpose of Local Rule 3.04(a), whenever a party moves to compel or for a protective order regarding requests for production of documents, requests for admissions, or interrogatories, the moving party shall email chambers an electronic document, in Microsoft Word format, containing a full quotation of each discovery request at issue and the response thereto. The document may be emailed to: chambers_flmd_irick@flmd.uscourts.gov.


Disputes Arising During Depositions:
If a dispute arises during a deposition in a case in which Judge Irick 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. Subject to the Court's availability and other considerations, the Court may convene an informal telephone conference to hear oral argument from the parties and, to the extent possible, to issue an oral order on the issues presented, all of which shall be recorded by the parties’ private court reporter. Depending upon the issues presented, the Court may order the parties to submit expedited or truncated briefing on the issues before ruling. If the Court declines to convene an informal telephone conference for any reason, the parties must promptly submit the matter to the Court for consideration in the manner prescribed by Local Rule 3.01.


Confidentiality Orders:
Confidentiality orders should be limited to documents or specific categories of documents that are subject to confidential treatment under prevailing law. Judge Irick 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. See Local Rule 4.15. 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 Globe Newspaper Co. v. Superior Court for Norfolk County, 457 U.S. 596, 606-07 (1982); 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); 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).


Procedure for Assertion of Privilege:
In order to establish an orderly and efficient procedure for designating information and documents withheld from discovery on the basis of a privilege or other recognized protection, Judge Irick has issued a Standing Order, No. 6:16-mc-48-Orl-DCI, which shall govern the procedure regarding the assertion of privilege in all cases assigned to Judge Irick. Any motion to compel or motion for protective order that fails to comply with the procedures set forth in the Standing Order will be denied. A link to the Standing Order is set forth below.


Standing Order on Assertion of Privilege


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.


Memoranda of Law Required:
Local Rule 3.01(a) requires that "[i]n a motion or other application for an order, the movant shall include ... a memorandum of legal authority in support of the request." Failure to comply fully and meaningfully with Local Rule 3.01(a) may cause a motion to be denied.


Motions Rendered Moot:
If a pending motion is rendered moot (i.e., no longer requires Court intervention) due to a subsequent agreement between the affected parties or some other occurrence, the Court requests that the movant file immediately an appropriate notice that either (1) withdraws the motion (in whole or in part) or (2) advises the Court that the issues raised by the motion have been rendered moot (in whole or in part).


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 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.


Hearings Materials:
When appropriate, the Court would appreciate receiving a notebook of the relevant authorities (preferably with the pertinent portions highlighted). For evidentiary hearings, the Court would appreciate receiving copies of witness and exhibit lists prior to the hearing, and a set of exhibits, whether in electronic or paper form, at the hearing.


Courtroom Decorum:
Generally, counsel may remain at counsel table when addressing or presenting oral argument to the Court. Alternatively, counsel may choose to stand at the lectern when presenting oral argument. However, the Court requires all counsel to stand when addressing the Court unless counsel affirmatively requests and obtains leave to remain seated for a medical or other compelling reason. The Court also requires all counsel to speak clearly into the microphones provided at counsel table or at the lectern when addressing the Court or when examining testifying witnesses.


Audio-Visual Equipment:
Judge Irick’s courtroom has audio-visual capabilities that may be used provided counsel makes advance arrangements. Counsel and unrepresented parties who wish to reserve the Court’s equipment should contact Judge Irick’s courtroom deputy clerk well before the date of the hearing or trial. If counsel and unrepresented parties wish to bring their own equipment into the courtroom for the hearing or trial, they must apply for permission to do so and obtain an order granting that request well before the hearing or trial begins.


Official Record of Proceedings:
All proceedings before Judge Irick are recorded by the courtroom audio recording system or by a court reporter. The parties are not permitted to use a court reporter or other recording system to make a record of the proceedings conducted by Judge Irick except with his prior consent. Transcripts of audio-recorded proceedings can be obtained by making a written request to Judge Irick’s courtroom deputy clerk.


Proposed Orders:
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.


Trials:
Upon consent of the parties, Judge Irick will schedule bench and jury trials to begin on a date certain. The parties should provide the Court with two copies of witness and exhibit lists the morning of trial. All exhibits should be marked before trial. In addition, parties should provide Judge Irick with a bench book containing copies of documentary exhibits they intend to use at trial, which copies should be marked with exhibit numbers. Judge Irick 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. Those documents may be sent to the chambers email address: chambers_flmd_irick@flmd.uscourts.gov.


Voir Dire:
Generally the Court will conduct voir dire, taking the proposed questions from the parties into account. However, in appropriate circumstances the Court will allow counsel to conduct voir dire. If counsel maintains there is good cause for allowing the attorneys to conduct voir dire in a particular case, they should file a motion requesting permission to do so and stating the specific basis for their request.


Interests List:
The hyperlink below is a list of investments, of which the judge is aware, owned by family members or by him, which are subject to reporting on his annual Financial Disclosure Report, or which could constitute a financial interest that might necessitate recusal. This information is provided so that participants in this case will be able to advise the Court if there is any actual or apparent conflict of interest in the assignment of a case to this Judge. This information is not to be used for any other purpose. Attention is directed to the Ethics Reform Act of 1989, published in Title 5 of the United States Code Annotated, Appendix 4, Sections 101-112, for information concerning the procedure for obtaining copies of the Financial Disclosure Report.


Interests List


Internship/Externships:
Judge Irick welcomes applications for unpaid judicial internships/externships for the Fall, Spring, and Summer terms each year. Positions are competitive and limited to students who have completed their first (1L) or second (2L) years at an accredited law school. Preference is given to applicants with strong academic standing and demonstrated legal writing skills. Summer internships/externships may be voluntary or for academic credit offered through an accredited law school in which the student is enrolled. Fall and Spring internships/externships must be for academic credit offered through an accredited law school in which the student is enrolled. Internship/externship applicants must submit a cover letter, a resume, at least one recent writing sample, and a current academic transcript to the chambers email account (Chambers_FLMD_Irick@flmd.uscourts.gov). Applicants must also be available for an in-person interview.