Chambers Email: email@example.com
Eric Dentel(407) firstname.lastname@example.org
Melissa Fussell(407) email@example.com
Federal Judicial ServiceDistrict Judge, United States District Court for the Middle District of Florida
Nominated by William Clinton on June 8, 2000, to a new seat authorized by 113 Stat. 1501. Confirmed by the Senate on July 21, 2000, and received commission on July 31, 2000. Assumed senior status on April 1, 2012.
College of William and Mary, B.A., 1964
University of Florida Levin College of Law, J.D., 1966
United States Army Reserve, 1967–1973
Private Practice, Orlando, Florida, 1966–2000
A judge may prefer the use of particular forms for things like the case management report, the certificate of interested persons, and trial exhibits. Please see Judge Presnell's preferences on forms below.
When signing a case management report, lawyers 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. The court will not conduct a preliminary pretrial conference unless the parties request one or the court deems it necessary. The magistrate judge assigned to the case normally conducts the conference.
Parties must file criminal motions to continue trial 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.
Absent extraordinary circumstances, the court will not consider motions or memoranda filed less than three business days before a sentencing hearing.
The parties are not excused from the status conference unless both the plea agreement and change-of-plea hearing have been completed before the status conference date.
Fair Labor Standards Act Cases
In cases in which all claims are under the Fair Labor Standards Act, the court waives 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. The court will issue a scheduling order after the defendant appears in the case. If the court does not enter a scheduling order within 10 days, the parties must comply with the Federal Rules of Civil Procedure and Local Rule 3.05 as to standard Track Two cases.
When filing motions and responses with the clerk, it is not necessary to provide the judge's staff with separate courtesy copies. Judge Presnell will inform the parties if he requires 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 most civil cases and should be completed six months before the trial term. The parties can stipulate to a mediator in their case management report. If they do not, the court will appoint a mediator. Within14 days from the date of the case management and scheduling order, the parties may 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 lawyer authorized to practice in this court may 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. A lawyer requesting any request for additional technology must file a motion.
Notice of Unavailability of Counsel
This court's rules 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 search the docket of each case for notices of unavailability before setting hearings and response deadlines. Counsel may not rely upon the filing of the notice as a basis to excuse his or her appearance before the court or to comply with a deadline established by the court or governing rules of procedures.
Schedule permitting, Judge Presnell normally conducts a final pretrial conference in each civil case about three weeks before trial. He will hear motions in limine at the conference.
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.
The courtroom is equipped with the following technology:
Counsel who will be using the equipment should make an appointment with Courtroom Deputy Lisa Maurey by calling (407) 835-4286 (schedule permitting) before the proceeding to test the technology's compatibility with the court's system.
At least five days before trial, the parties must electronically file with the court a single color-coded copy of each deposition transcript reflecting, in different highlighted colors, the deposition excerpts each party has designated to be read at trial with objections noted in the margin. The parties must also provide a paper copy of each color-coded deposition transcript to the court. Transcripts should be in full-page format.
Ten days before trial, the parties must exchange a list of exhibits they intend to introduce in evidence at trial (the A list) and a list of exhibits they might seek to introduce at trial (the B list).
Parties must give the original A list exhibits, with an exhibit list, to the courtroom deputy at the onset of trial. These exhibits must be appropriately tagged with colored exhibit tags (Plaintiff Blue and Defendant Yellow) stapled to the upper right corner of the first page of each exhibit. The exhibit list included with this original set should not contain anything in the ID, Admitted, Witness, and Objection columns; the courtroom deputy will fill in this information during trial.
The parties must provide two benchbooks with copies of the A list exhibitsto the courtroom deputy at the start of trial (one for the judge and one for the witness box). The judge’s book must include an exhibit list reflecting any objections to the listed exhibits. The bench and witness sets do not need exhibits tags, but counsel must use number tabs to tab out the exhibits for quick reference.
All unobjected-to exhibits on the A list of the presenting party will be introduced and admitted at the outset of that party's case. All exhibits must be numbered consecutively, preferably with the A list exhibits being numbered first.
Lawyers are encouraged to be familiar with the American College of Trial Lawyers' Codes of Pretrial and Trial Conduct and to conduct themselves accordingly.
The court will conduct the jury voir dire, giving due consideration to questions proposed by the parties. After its voir dire, the court will ask counsel if they have 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 15 minutes for lunch. However, this schedule may change.
Counsel, parties, and witnesses appearing in court must dress appropriately.
There is a lawyer lounge located on the east side of the courthouse on the fourth floor. No food is permitted in the courtroom. The parties may bring bottled water into the courtroom.
Ten days before trial, the parties must exchange a list of witnesses they will call at trial ( the A list ) and a list of witnesses they might call at trial (the B list).
By the end of the proceedings each day, the party presenting its case must advise the opposing party and the court of witnesses it intends to call the following day.