Active Case Management Philosophy
Judge Chappell actively manages all her cases. She closely monitors deadlines in the case management and scheduling orders and promptly issues orders to show cause if deadlines are missed. The parties thus must proactively manage their cases to ensure compliance with all orders, due dates, and rules.

Case Management and Scheduling Orders
For most cases, the assigned magistrate judge will enter a case management and scheduling order after the preliminary pretrial conference (PPTC). In some categories of suit, however, the magistrate judge may issue a case management and scheduling order after the parties complete a fast-track scheduling order without a PPTC.

Counsel and litigants without lawyers must calendar all dates in the case management and scheduling order to ensure timely submissions. All parties must make every effort to comply with deadlines and are discouraged from moving for extensions of time.

Case Management Reports and Preliminary Pretrial Conferences
For most civil cases, parties must jointly file a case management report per Local Rule 3.02 and any other documents the assigned magistrate judges require for a PPTC. Review the assigned magistrate judge’s website for more information on PPTC preferences. Because of the unique needs of patent infringement cases, counsel must file the special case management report for patent suits.

Local Rule 3.02(a) Exceptions
Cases brought under Title II or III of the Americans With Disabilities Act (ADA) are excepted from the requirements in Local Rule 3.02(a). An ADA Fast-Track Scheduling Order will be issued by the Court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears in an action originating in this court, or after the docketing of a removed or transferred action.

Cases brought under the Fair Labor Standards Act (FLSA) are excepted from the requirements in Local Rule 3.02(a). A FLSA Fast-Track Scheduling Order will be issued by the Court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears in an action originating in this court, or after the docketing of a removed or transferred action.

Cases brought under the Telephone Consumer Protection Act (as amended by the Junk Fax Prevention Act) (TCPA), the Fair Debt Collection Practices Act (FDCPA), the Real Estate Settlement Procedures Act (RESPA) the Florida Consumer Collection Practices Act (FCCPA), and/or other state law consumer protection statutes, are excepted from the requirements in Local Rule 3.02(a). A Solicitation or Debt Collection Fast-Track Scheduling Order will be issued by the Court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears in an action originating in this court, or after the docketing of a removed or transferred action.

Cases brought under the Fair Credit Report Act (FCRA) and/or other related state law consumer protection statutes are excepted from the requirements in Local Rule 3.02(a). A FCRA Fast-Track Scheduling Order will be issued by the Court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears in an action originating in this court, or after the docketing of a removed or transferred action.

Standard Forms Available
Standard forms for a Notice of a Related Action and Disclosure Statement are available under each judge’s Form Tab.

For patent cases requiring claim construction, a Patent Case Management Report is available under each judge’s Forms Tab.
 
Additional Parameters
For all other cases not falling within an exception to Local Rule 3.02(a), the Court prefers, and sometimes requires as indicated below, the following scheduling parameters:

Extending Deadlines
Motions to extend deadlines are disfavored. Deadlines may be modified only for good cause and with the court's approval. Moving to extend a deadline does not toll the time to comply with other deadlines set by rule or order.

Consent to Magistrate Judge (Partial or Full)
Parties may consent to proceed before the assigned magistrate judge to conduct some or all proceedings (including certain motions and trial) and enter final judgment. Any party may withhold consent without adverse consequences. In consent cases, a party may appeal the magistrate judge's final judgment to the Eleventh Circuit just like an appeal from the district court.

If parties wish to consent to the assigned magistrate judge, they must sign and file either the AO Form 85 (consent for all purposes including trial) or AO Form 85A (consent for some purpose like a specific motion). Both forms are on the court's website.

Final Pretrial Conferences
Judge Chappell holds a final pretrial conference in all civil cases. Lead trial counsel and local counsel for each party and any unrepresented party must attend the final pretrial conference in person.

Counsel and unrepresented parties must be prepared and authorized to accomplish the purposes in Federal Rule of Civil Procedure 16 and Local Rule 3.06, including simplifying the issues, eliminating baseless claims or defenses, admitting facts and documents, stipulating to the authenticity of documents, obtaining advance rulings on the admissibility of evidence, discussing settlement, and arguing pending motions.

Mediation
Judge Chappell refers all civil cases to mandatory mediation. All parties must attend mediation in a good-faith effort to resolve the suit. Participants must be prepared to spend as much time as needed at mediation. Only the mediator may declare an impasse or end the mediation.

If parties need to reschedule the mediation for a date within the mediation deadline, they should file a notice stating the new mediation date. But if parties seek to reset the mediation outside the deadline, they must file a motion setting forth good cause.

Settlement Conference
The court may refer a case for a settlement conference with the non-assigned magistrate judge when it benefits the parties, or the parties request one. This does not excuse the parties from mandatory mediation.

Courtesy Copies
Parties need only provide courtesy copies of motions for summary judgment, responses, and replies that exceed 25 pages (including exhibits and attachments). Courtesy copies should be mailed by United States mail or other reliable service to Chambers promptly after filing.

Emergency Motions
Titling a motion as an "emergency" should be used only in extraordinary circumstances. The court may impose sanctions for filing an unwarranted emergency motion.

For the rare matter that qualifies as a true emergency, counsel should title the motion so and call Chambers after filing. For time sensitive motions, counsel should say so in the caption and explain why expedited consideration is needed in the motion.

Exhibit Index to Motions
Parties filing any motion with exhibits totaling over 10 pages must create an index to the exhibits, including the exhibit number and title of the exhibit. File the index as the last attachment to the parent document. Below is a sample exhibit index:

Local Rule 3.01(g) Certification
Local Rule 3.01(g) requires a moving party to confer with opposing counsel in a good-faith effort to resolve an issue to be raised in a motion before filing a motion. Placing a phone call or sending an email is not enough. 

Local Rule 3.01(g) also requires the moving party to file a statement certifying the conference and stating opposing counsel's position on the motion. The importance of Local Rule 3.01(g) cannot be overstated; therefore, failure to comply with the rule will result in the court denying or striking the motion.

Local Rule 3.01(g) now requires a certificate for a Rule 12(b)(6) motion to dismiss or motion for more definite statement.

Motions for Summary Judgment
Only one motion for summary judgment may be filed by a party (or multiple parties represented by the same counsel) absent leave of court.

Judge Chappell requires all motions for summary judgment to include a memorandum of law and captioned section titled, "Statement of Material Facts" in a single document not to exceed 25 pages in length. Any opposition must include a memorandum of law and captioned section titled, "Response to Statement of Material Facts" in a single document not to exceed 25 pages in length. The movant may also file a reply brief not to exceed seven pages in length due within seven days after service of the response.

Parties should review the case management and scheduling order for more details about motions for summary judgment.

Oral Arguments
The court will decide most, if not all, motions on the papers. In rare circumstances, it may sua sponte schedule an oral argument or grant a party's request for one.

Proposed Orders and Judgments
Parties should not file or email Chambers any proposed order or judgment unless required by Local Rule or the court specifically requests one.

Reply Briefs
A party must get the court's permission before filing a reply brief—except for summary judgment motions. A party moving for summary judgment may file a reply not to exceed seven pages in length within seven days after service of the response without the court's prior approval.

Evidence Presentation System
The courtroom is equipped with an evidence presentation system. This system allows counsel with their laptop, iPad, or tablet to present evidence simultaneously in the courtroom through a system on interconnected video liquid crystal displays (LCD). To use the evidence presentation systems, counsel must bring necessary connection adapters.

The court does not provide any equipment to present scanned documents, animations, graphics, or audio and video files from VHS, CD, DVD, Blu-Ray, or external drives. All files must be presented from counsel's computer. Counsel is responsible for operating the evidence presentation system and court employees are not authorized to operate counsel's laptop computer.

General
Judge Chappell requires counsel to use her courtroom technology. Counsel should contact the courtroom deputy clerk to test and be trained on the equipment before any hearing or trial.

Personal Electronic Devices
Parties must review Local Rule 7.02 regarding electronics in the courthouse. Personal electronic devices include cell phones, laptops, iPads, and other tablets. Under this policy, lawyers permitted to practice in the Middle District of Florida may bring personal electronic devices into the courthouse by presenting a valid Florida Bar identification card or pro hac vice order.

Judge Chappell also requires personal electronic devices to be in silent mode upon entering the courthouse. These devices may not be used directly outside any courtroom, shared with paralegals, investigators, and others, and used to search for information about a potential or seated juror. Any lawyer who does so will forfeit the privilege of having a personal electronic device in the courthouse.

Wireless Internet
The courtroom has wireless internet access, provided for by the Bench Bar Fund. The courtroom deputy clerk has the username and password.

Change of Plea
The assigned magistrate judge holds the change of plea hearing. A defendant must enter his change of plea by the last Wednesday of the month before the trial term, unless the court says otherwise. A defendant must plead to the respective indictment without regard to an agreement with the government.

Final Pretrial Conference
Judge Chappell holds a final pretrial conference in all criminal cases, at which lead trial counsel must attend in person. Topics discussed include:

Monthly Status Conferences
Judge Chappell conducts status conferences in all pending criminal cases on the second Monday of each month. Counsel should be prepared to discuss scheduling issues, discovery, pleas, length of trials, and readiness of cases for trials.

Counsel must attend the status conference unless a plea agreement has been executed, the change-of-plea hearing has been scheduled, and a notice of cancellation of the status conference docketed before the status conference date. If a plea is not accepted after the status conference, counsel must prepare for trial and not expect a continuance.

Presentence Investigation Report
No later than 35 days before a sentencing hearing, the United States Probation Office will issue an initial presentence investigation report. Within 14 days of the disclosure, counsel must communicate, in writing, any objections to the probation officer and opposing counsel. If counsel needs more time to submit objections, they must ask the court—not the probation officer—for an extension.

Sentencing memoranda, objections, and motions for departures and variances must be filed no later than four days before the sentencing hearing. By that same deadline, the defendant and government must advise the court which objections remain outstanding.

Scheduling Orders
Once a defendant has been arraigned or waived arraignment, the court will enter a pretrial Criminal Scheduling Order to control the case, eliminate unjustifiable expenses and delays, and secure a fair outcome. The parties must comply with all deadlines.

Once a defendant announces ready for trial, Judge Chappell will issue a Final Criminal Scheduling Order with deadlines for jury instructions, verdict forms, proposed voir dire questions, exhibit lists, witness lists, electronic exhibit binder, and motions in limine.

Sentencing
Judge Chappell holds sentencing hearings on Mondays and Wednesdays. She allots 30 minutes for each hearing. If over 30 minutes is needed, counsel must file a notice estimating the time needed no later than 14 days before the sentencing.

Any motion to continue a sentencing must be filed no later than four days before the sentencing date.

Judge Chappell also issues a Sentencing Scheduling Order in every case that defendants and the government must follow.

CM/ECF's "Motion" Event
Judge Chappell has a heavy caseload. If a party seeks a court order, they must use the CM/ECF "motion" event. Do not file a "status update" or "notice." Motions are electronically flagged for the court's attention, so calls about a filing are not necessary.

Compliance
All counsel and litigants without lawyers must comply with the Federal Rules of Civil Procedure, Local Rules of the United States District Court for the Middle District of Florida, Handbook on Civil Discovery Practice in the United States District Court for the Middle District of Florida, United States District Court for the Middle District of Florida's Administrative Procedures for Electronic Filing, Florida Bar Professionalism Expectations, and Florida Bar Trial Lawyers Section's Guidelines for Professional Conduct.

Contacting Chambers
Counsel of record and litigants without lawyers may contact Chambers about procedures specific to Judge Chappell, scheduling, and other non-substantive matters. Law clerks will not discuss the merits of any case ex parte. Nor will they give legal advice, interpret federal and Local Rules, explain court orders, or provide time estimates on orders. Before contacting Chambers, counsel and litigants without lawyers must review this website, the docket, and the federal and local rules.

When calling Chambers, counsel and litigants without lawyers must provide (1) the case number, (2) their name and party they represent, (3) whether opposing counsel has been consulted, and (4) why they are contacting Chambers. For emails, all parties must be copied.

Hyperlinks
Judge Chappell strongly encourages counsel to insert hyperlinks to other CM/ECF documents and cited authority on recognized research services (e.g., Westlaw, LexisNexis, FindLaw, and official government websites) into their briefs. The CM/ECF LinkBuilder add-in for Microsoft Word assists with inserting hyperlinks. It searches a Word document for citations to CM/ECF filings and inserts a hyperlink to the corresponding file.

Hyperlinks do not replace standard citation format. Neither a hyperlink nor any website to which it refers is part of the record.

Notice of Unavailability of Counsel
Because neither the federal nor local rules provides for such notices, they are routinely treated as a nullity and stricken. Counsel thus should not rely a notice of unavailability to excuse their non-appearance in court or non-compliance with deadlines and procedural rules.

Optical Character Recognition
Documents filed through CM/ECF should be scanned with optical character recognition (OCR) and rendered text searchable. Counsel using OCR are responsible for verifying the reasonable accuracy and readability of the document.

Courtroom Attire
Appropriate business attire is required of all litigants, witnesses, jurors, and observers. Because the courtroom temperature is difficult to control, participants may wish to dress in layers and/or bring a sweater or light jacket.

Electronic Exhibit Binder
At least one day before any trial or hearing, counsel for each party must provide Judge Chappell an electronic exhibit binder that contains all individual exhibits and joint exhibits each party intends to introduce. The electronic exhibit binder is for Judge Chappell's use and replaces a hardcopy exhibit binder traditionally submitted to the court. Because the electronic exhibit binder is only for Judge Chappell, counsel must still bring separate paper copies of all exhibits to be introduced for the record.

Each separate exhibit must be saved as a PDF document and then combined with the other exhibits into a single PDF file. The single PDF file is the electronic exhibit binder. Within the single PDF file, counsel must identify each exhibit separately using PDF bookmarks. If an exhibit is physical evidence (e.g., drugs, ammunition, firearm), counsel should insert a placeholder exhibit that states, "Exhibit [Number] is [description of exhibit]." When possible, counsel should scan an exhibit for the electronic exhibit binder with optical character recognition. Counsel must also save the electronic exhibit binder in reduced-file format.

The electronic exhibit binder must be emailed to the Chambers' inbox. Include the case number and case name in the subject line. If the file containing the electronic exhibit binder is too large to email, counsel should provide the court with a thumb drive of the binder.

Hours
Judge Chappell typically holds trial from 9:00 a.m. to 5:00 p.m. with two 15-minute breaks and a lunch recess. This schedule may change as circumstances dictate.

Marking Exhibits
Before any trial or hearing, counsel for each party must mark exhibits using the exhibit tags found under the "Forms" tab on this website. Counsel must staple the appropriate party-specific exhibit tag to the upper right corner of the first page. In completing the exhibit tags, the parties must use consecutive numbers to mark exhibits. Direct questions on exhibit tags to the courtroom deputy clerk.

Monthly Trial Term
All cases are scheduled for a monthly trial term—not a specific date. Generally, criminal cases are tried first, followed by civil jury trials, and then civil non-jury trials. Civil cases not reached will be placed on the next month's trial term after the criminal cases. Throughout the assigned trial term, counsel and their witnesses must be available within 24 hours' notice.

The court may set a trial for a date certain closer to the assigned trial term only if the court's calendar so permits. If parties want a guaranteed date for civil trials, they should consent to the magistrate judge.

Tips on Appearing Before Judge Chappell in Court

Voir Dire
Judge Chappell conducts voir dire and sometimes lets counsel submit brief follow-up questions. Eight jurors are seated for civil cases, with all eight deliberating. For criminal cases, 12 jurors are selected, normally with one or two alternates.

Witness and Exhibit Lists
The court's scheduling orders govern the deadlines for witness and exhibit lists. Parties must use the witness and exhibit lists found under the "Forms" tab on this website.

When preparing exhibit lists, avoid composite exhibits. Every exhibit—even similar ones—should be assigned an individual a number and identified in the exhibit list on its own line