Chambers Email: firstname.lastname@example.org
Megan Bittakis(407) 835-3856
Kelsey Ruszkowski(407) 835-4200
Heather Kolinsky(407) 835-3854
Federal Judicial ServiceMagistrate Judge, United States District Court for the Middle District of Florida
Appointed on January 14, 2008
State University College at Buffalo, B.S., 1984
University of Toledo, College of Law, J.D., 1988
Private Practice, Akerman Senterfitt, Orlando, Florida, 1988–2008
Uniform Case Management Report (DOC)
The hyperlink below is a list of investments of which the judge is aware that he or a family member owns that are subject to reporting on his annual financial disclosure report or that could constitute a financial interest that might necessitate recusal. The court provides this information so participants in a case can advise the court if the judge has any actual or apparent conflict of interest in a case. This information is not to be used for any other purpose. For information on the procedure for obtaining copies of the financial disclosure report, please see the Ethics Reform Act of 1989, published in Title 5 of the United States Code Annotated, Appendix 4, Sections 101-112.
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.
Judge Kelly’s courtroom has audio-visual capabilities that may be used provided counsel makes advance arrangement. Counsel and unrepresented parties who wish to reserve the court’s equipment should contact Judge Kelly’s courtroom deputy 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.
Counsel and unrepresented parties should be familiar with the Middle District of Florida Local Rules and the Middle District of Florida Discovery Handbook.
Confidentiality orders should be limited to documents or specific categories of documents that are subject to confidential treatment under prevailing law. Judge Kelly 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 Federal 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 United States 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).
To establish orderly and efficient procedures for designating information and documents withheld from discovery on the basis of a privilege, recognized protection, or confidential information, Judge Kelly issued the following standing orders, which govern all cases assigned to him:
Any motion to compel or motion for protective order that fails to comply with the procedures set forth in the standing orders will be denied.
If a dispute arises during a deposition in a case in which Judge Kelly is assigned, 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 telephonic hearing.
Few motions qualify as true emergencies. Emergency motions should be designated as such in the caption of the motion. See Middle District of Florida Local Rule 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 the motion, counsel should explain why the matter requires expedited consideration.
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. Telephonic appearances may be granted regarding non-evidentiary hearings upon the request of counsel.
When appropriate, the court would appreciate receiving a notebook of the relevant authorities (preferably with the pertinent portions highlighted).
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 (.doc or .docx), containing a full quotation of each discovery request at issue and the response thereto. The document shall be emailed to chambers.
A party requesting that the court seal or redact information shall follow Judge Kelly’s Standing Order Regarding Motions to Seal or Redact, 6:18-mc-22-Orl-GJK.
All proceedings before Judge Kelly are recorded by the courtroom tape recording system or by the court’s court reporter. The parties are not permitted to use their own court reporter or other recording system to make a record of the proceedings conducted by Judge Kelly except with his prior consent. Transcripts of tape-recorded proceedings can be obtained by making a written request to Judge Kelly’s courtroom deputy.
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, United States Magistrate Judge Gregory J. Kelly has issued a standing order, No. 6:16-mc-28-Orl-GJK, which shall govern the procedure regarding the assertion of privilege in all cases assigned to Magistrate Judge Kelly. 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.
Whenever a party submits a proposed order to the court, email a courtesy copy to chambers, preferably in Microsoft Word format (.doc or .docx).
Upon consent of the parties, Judge Kelly 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 Kelly with a bench book containing copies of documentary exhibits they intend to use at trial, which copies should be marked with exhibit numbers. Judge Kelly appreciates receiving the parties’ proposed jury instructions or proposed findings of fact and conclusions of law via chambers email before the final pretrial conference.
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 lawyers to conduct voir dire in a particular case, they should file a motion requesting permission to do so and state the specific basis for their request. If the parties agree that they would prefer to conduct voir dire, they should file a motion requesting permission to do so, and the court will allow limited voir dire by the parties.