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UNITED STATES DISTRICT COURT


MIDDLE DISTRICT OF FLORIDA


TIMOTHY J. CORRIGAN, CHIEF UNITED STATES DISTRICT JUDGE • ELIZABETH WARREN,
CLERK OF COURT


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YOU ARE HERE

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PHILIP LAMMENS

Magistrate Judge

Original Appointment Date: 
July 02, 2012
Division: 
Ocala
Chambers: 
1-102
Chambers Phone: 
(352) 369-4869
Courtroom: 
1A
Judge Initials: 
PRL

Chambers Email: chambers_flmd_lammens@flmd.uscourts.gov (link sends e-mail)

Courtroom Deputy Law Clerks Mari Jo Taylor
(352) 369-4861

Sasha Alvarenga
Jessica McCausland
Amanda Reed


JUDGE TABS

 * Biography(active tab)
 * Forms
 * Preferences

Biography

Federal Judicial Service
Magistrate Judge, United States District Court for the Middle District of
Florida
Appointed on July 2, 2012

Education
University of Florida, B.A., 1999
University of Florida Levin College of Law, J.D., 2002

Professional Career
Law Clerk, The Honorable William Hodges, United States District Court for the
Middle District of Florida, 2002–2004
Law Clerk, The Honorable Joel Dubina, United States Court of Appeals for the
Eleventh Circuit, 2004–2005
Trial Attorney, Civil Division, Torts Branch, United States Department of
Justice, 2005–2006
Assistant General Counsel, City of Jacksonville, Florida, 2006–2008
Assistant United States Attorney, Middle District of Florida, 2008–2012

Forms

 Uniform Case Management Report (DOC)

Case Management Report Sample (PDF) (link is external)
ERISA Case Management Report (DOC)
Exhibit Labels and List (DOC)
Exhibit Labels and List (PDF) (link is external)
Jury Selection and Trial Procedure for Counsel with Attachments (PDF) (link is
external)
Trial Order Sample (DOC)
Waiver of Defendant's Presence at Arraignment and Entry of Not Guilty Plea Form
(PDF) (link is external)
Preferences
General

Local and Federal Rules
Many answers to frequently asked questions are found in Federal Rules of Civil
Procedure (link is external), Federal Rules of Criminal Procedure (link is
external), Federal Rules of Evidence (link is external), the Local Rules for the
Middle District of Florida, and the Middle District of Florida's CM/ECF
Administrative Procedures for Electronic Filing (link is external). The Court
expects counsel and pro se litigants to know and follow these rules. Frequent
review of the rules is recommended as they are often amended.  

Parties may obtain a copy of the Local Rules from the Court’s website or by
visiting the Office of the Clerk of Court.  

Resources and information related to proceeding in court without a lawyer,
including a handbook entitled Guide for Proceeding Without a Lawyer (link is
external), can also be found on the Court’s website. Also helpful is the Middle
District’s Handbook on Civil Discovery Practice (Civil Discovery Practice
Handbook), which can be found under the forms and publications section of the
Court’s website  

Emergency Motions
Emergency motions should be designated as such in the caption of the motion.
Emergency motions should be served on opposing counsel, and any necessary
non-parties, by hand delivery or other equivalent method of service. You must
notify the Clerk’s office that you have filed an emergency motion. 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 specifically why you believe the matter requires expedited
consideration.

Motions to Compel/Protective Order
The parties should consult the Middle District’s Handbook on Civil Discovery
Practice (Civil Discovery Practice Handbook) for guidance.

Confidentiality Orders
Confidentiality orders should be limited to documents or specific categories of
documents that are subject to confidential treatment under prevailing law. Judge
Lammens 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 Fed. R. Civ. P. 26 (c), 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 1.11, should be addressed. See U.S. 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).

Disputes Arising During Depositions
If a dispute arises during a deposition in a case in which Judge Lammens 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. 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 telephone
conference call in which all counsel and any unrepresented parties participate.

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 generally not permitted at oral argument unless
permission to present evidence is obtained from the Court before the hearing.
For planning purposes, this should be sought with sufficient time in advance of
the hearing to allow the Court and opposing counsel to prepare. 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 or video appearances may be granted – for good cause – upon the
request of counsel through a motion filed with the Court.

Hearings Materials
If an evidentiary hearing is being conducted, each party shall submit three (3)
Exhibit Binders to the Court. The copies should be marked with exhibit tags and
appropriate exhibit numbers.  

In addition, each party may also submit (but shall if directed to) a courtesy
Electronic Exhibit Binder that contains all individual exhibits and joint
exhibits each party intends to introduce. The exhibits must be saved as PDF
documents and complied into a single PDF file. Counsel must identify each
exhibit separately using PDF bookmarks.  

If an exhibit is physical evidence, counsel should insert a placeholder exhibit
that states, "Exhibit [Number] is [description of exhibit]."  

The Electronic Exhibit Binder should be emailed to the chambers email (link
sends e-mail). Include the case number and case name in the email subject line.
If the file containing the Electronic Exhibit Binder is too large to email, then
it may be submitted to the Court on a thumbdrive containing the electronic file.

Courtroom Technology
Any party intending to use technology, including accessing the internet, shall
consult with the Courtroom Deputy in advance.

Official Record of Proceedings
All proceedings before Judge Lammens are recorded by the courtroom tape
recording system or by a court reporter.  

Proposed Orders
If the Court requests a proposed order, a copy should be submitted in Microsoft
Word® format to the chambers email. Generally, parties should not submit
proposed orders unless directed to.

Trials

Trial Term and Calendar
Upon consent of the parties, Judge Lammens will schedule bench and jury trials
to begin on a date certain.

Parties must immediately inform the Court of any development that may affect
trial after the trial date is set. In civil cases, the Court may assess jury
costs to the parties if they fail to inform it of settlement before the jury is
called.

Hours
The Court typically holds trial from 9:00 AM to 5:00 PM with two 15-minute
breaks and a lunch recess. This schedule may change as circumstances dictate.  

Courtroom Technology
Any party intending to use technology, including accessing the internet, shall
consult with the Courtroom Deputy in advance.

Jury Selection and Voir Dire  
Jury selection is typically set for the morning of the first day of trial. The
Court conducts voir dire. The Court typically selects 8 jurors for civil cases,
although it may seat additional jurors in lengthier cases.   

In accordance with the applicable case management and scheduling order, counsel
must file and serve proposed voir dire questions specific to the case. The Court
will give due consideration to the parties' proposed questions when conducting
voir dire. Counsel shall email the proposed questions in Microsoft Word® format
to the chamber’s email (link sends e-mail). Include the case number and case
name in the email subject line.

Jury Instructions and Verdict Forms
In accordance with the applicable case management and scheduling order, counsel
must file and serve proposed jury instructions and verdict forms based on the
United States Court of Appeals for the Eleventh Circuit Pattern Jury
Instructions. If a pattern instruction is not available for a certain type of
instruction, counsel must submit a proposed instruction and cite to case law
that supports the requested non-pattern instruction.  

In addition, counsel must email the proposed jury instructions and verdict forms
in Microsoft Word® format to the chamber’s email. Include the case number and
case name in the email subject line.  

Witness Lists  
In accordance with the applicable case management and scheduling order, counsel
for each party must file and exchange a list of all witnesses who may be called
at trial. In addition, on the morning of the first day of trial, counsel for
each party must provide 3 copies of its final witness list to the Courtroom
Deputy Clerk.   

Absent good cause, the Court will not permit the testimony of unlisted witnesses
at trial over objection. This restriction does not apply to true rebuttal
witnesses, i.e., witnesses whose testimony could not have been reasonably
foreseen as necessary.   

Exhibit List
In accordance with the applicable case management and scheduling order, counsel
for each party must file and exchange a list of exhibits that may be introduced
at trial. In completing the Exhibit List form, counsel must provide a
descriptive notation sufficient to identify each exhibit.   

In addition, on the morning of trial, prior to jury selection, counsel must
provide the Courtroom Deputy Clerk with 3 copies of their respective exhibit
lists and email the lists in Microsoft Word® format to the chambers email (link
sends e-mail). Include the case number and case name in the email subject line. 
 

Marking Exhibits
In advance of trial, counsel for each party must mark exhibits using the Court’s
exhibit tags. 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. For example:

Type of Exhibit Examples and Instructions Government Gov. 1, Gov. 2, Gov. 3,
etc. Plaintiff Pl. 1, Pl. 2, Pl. 3, etc. Defendant Def. 1, Def. 2, Def. 3, etc.
Multiple Defendants Number exhibits in the same order as the defendant's name
appears on the indictment: D-1 Ex. 1, D-2 Ex. 1, etc. Joint Exhibits Joint 1,
Joint 2, Joint 3, etc. Composite Exhibits Mark each exhibit in the composite
separately using a number and lower case letter, e.g., Gov. 1a, Gov. 1b, Gov.
1c, etc And, identify each exhibit in the composite on a separate line in the
exhibit list.

Exhibit Binders
On or before the morning of trial (prior to jury selection or the commencement
of a bench trial), each party shall submit three (3) Exhibit Binders to the
Court. The copies should be marked with exhibit tags and appropriate exhibit
numbers.  

In addition, each party may also submit (but shall if directed to) a courtesy
Electronic Exhibit Binder that contains all individual exhibits and joint
exhibits each party intends to introduce at trial. The exhibits must be saved as
PDF documents and complied into a single PDF file. Counsel must identify each
exhibit separately using PDF bookmarks.

If an exhibit is physical evidence, counsel should insert a placeholder exhibit
that states, "Exhibit [Number] is [description of exhibit]."  

The Electronic Exhibit Binder should be emailed to the chambers email (link
sends e-mail). Include the case number and case name in the email subject line.
If the file containing the Electronic Exhibit Binder is too large to email, then
it may be submitted to the Court on a thumbdrive containing the electronic file.

Deposition Testimony
In accordance with the applicable case management and scheduling order, the
Court encourages stipulations of fact to avoid calling unnecessary witnesses.
Where a stipulation will not suffice, the Court permits the use of depositions.
Generally, the parties shall file with the Court copies of deposition
transcripts (preferably mini-script versions), reflecting, in different
highlighted colors, the deposition excerpts designated by each party to be read
at trial.   

Trial Briefs
Generally, no later than seven days before the trial date set forth above
(unless a specific date is set by the Court), to the extent necessary, each side
may file a trial brief, not exceeding ten pages, with citations to authorities
and arguments specifically addressing those issues (if any) raised in the
pretrial statement (see Local Rule 3.06(c)(12) and (13)) and any other
significant disputed issues of law likely to arise at trial.

Proposed Findings of Fact and Conclusions of Law   
The parties should anticipate that they will be required to submit, within 21 to
30 days after the conclusion of the bench trial, Proposed Findings of Fact and
Conclusions of Law. When they do so, each shall be separately stated in numbered
paragraphs and Findings of Fact shall contain a detailed listing of the relevant
material facts the party has established, in a simple, narrative form; and the
Conclusions of Law shall contain a full exposition of the legal theories relied
upon by counsel. The proposed Findings of Fact and Conclusions of Law must be
filed with the Court and also emailed to the chambers email (link sends e-mail)
in Microsoft Word® format.

General

See this brochure (link is external) for general information on United States
magistrate judges.

Confidentiality Orders

Confidentiality orders should be limited to documents or specific categories of
documents that are subject to confidential treatment under prevailing law. Judge
Lammens 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) (link is external) of the Federal Rules of Civil Procedure
(link is external), a party must show good cause before a court will issue a
protective order. In rare circumstances, the court may order the filing of
information under seal. See Middle District Discovery Handbook Section I. C. 2.
If a party asks to file information under seal, he or she should address
Eleventh Circuit precedent setting forth the governing standard and the public's
interests and the requirements of Local Rule 1.09. See Globe Newspaper Co. v.
Superior Court for Norfolk Cty., 457 U.S. 596, 606–07 (1982); Nixon v. Warner
Commc'ns, 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).

Courtroom Technology

Any party intending to use courtroom technology, including accessing the
internet, must consult with the courtroom deputy in advance. Additionally, all
visitors to any courthouse in the Middle District of Florida should review the
Order on Cell Phones and Electronic Devices in Courthouses.

Disputes Arising During Depositions

If a dispute arises during a deposition in a case in which Judge Lammens is the
assigned magistrate judge, counsel and any unrepresented parties may contact
chambers (link sends e-mail) to determine whether the judge is available to
consider the disputed issue by telephone. However, counsel for the parties
should confer in good faith in accordance with Local Rule 3.01(g) on the record
before involving the court. If the judge is available, he will hear the dispute
in a telephone conference call in which all counsel and any unrepresented
parties participate.

Emergency Motions

Emergency motions should be designated as such in the caption of the motion. See
Local Rule 3.01(e). Emergency motions should be served on opposing counsel and
any necessary nonparties 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 why they believe the matter requires expedited consideration.

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 a request from the parties.
Witnesses and other evidence are generally not permitted at oral argument unless
the parties obtain permission to present evidence before the hearing. Counsel
and unrepresented parties who wish to present argument are generally required to
appear in court in person. The courtroom deputy will schedule oral arguments and
evidentiary hearings. Although in-person appearances are presumed, the court may
permit appearance by telephone—for good cause—on a party's motion.

Hearings Materials

If an evidentiary hearing is being conducted, each party must submit three
exhibit binders to the court. The copies should be marked with exhibit tags and
appropriate exhibit numbers.

Each party may also submit (but must if directed to) a courtesy electronic
exhibit binder that contains all individual exhibits and joint exhibits each
party intends to introduce. The exhibits must be saved as PDF documents and
compiled into a single PDF file. Counsel must identify each exhibit separately
using PDF bookmarks.

If an exhibit is physical evidence, counsel should insert a placeholder exhibit
that states, "Exhibit [number] is [description of exhibit]."

The electronic exhibit binder should be emailed to chambers (link sends e-mail).
Include the case number and case name in the subject line. If the file
containing the electronic exhibit binder is too large to email, then it may be
submitted to the court on a thumbdrive containing the electronic file.

Local and Federal Rules

Many answers to frequently asked questions are found in the Federal Rules of
Civil Procedure (link is external), Federal Rules of Criminal Procedure (link is
external), Federal Rules of Evidence (link is external), the Local Rules for the
Middle District of Florida, and the Middle District of Florida's Case
Management/Electronic Case Filing (CM/ECF) Administrative Procedures for
Electronic Filing (link is external). The court expects counsel and pro se
litigants to know and follow these rules. Frequent review of the rules is
recommended, as they are often amended.

Parties may obtain a copy of the Local Rules from this website or by visiting
the office of the Clerk of Court.

The Middle District's Guide for Proceeding without a Lawyer (link is external)
and Handbook on Civil Discovery Practice are also helpful resources with
information on proceeding in court without a lawyer.

Motions to Compel or for a Protective Order – Local Rule 3.04

The parties are directed to Local Rule 3.04 and should consult the Middle
District's Civil Discovery Practice Handbook for guidance.

Official Record of Proceedings

All proceedings before Judge Lammens are recorded by the courtroom
audio-recording system or by a court reporter.

Proposed Orders

If the court requests a proposed order, a copy should be submitted in Microsoft
Word format (.doc and .docx) to the chambers email (link sends e-mail).
Generally, parties should not submit proposed orders unless directed to.

Trial

Deposition Testimony
In accordance with the applicable case management and scheduling order, the
court encourages stipulations of fact to avoid calling unnecessary witnesses.
Where a stipulation is insufficient, the court permits the use of depositions.
Generally, the parties must file with the court copies of deposition transcripts
(preferably mini-script versions) reflecting, in different highlighted colors,
the deposition excerpts designated by each party to be read at trial.

Exhibit Binders
By the morning of trial (before jury selection or the commencement of a bench
trial), each party must submit three exhibit binders to the court. The copies
should be marked with exhibit tags and appropriate exhibit numbers.

In addition, each party may also submit (but must if directed to) a courtesy
electronic exhibit binder that contains all individual exhibits and joint
exhibits each party intends to introduce at trial. The exhibits must be saved as
PDF documents and compiled into a single PDF file. Counsel must identify each
exhibit separately using PDF bookmarks.

If an exhibit is physical evidence, counsel should insert a placeholder exhibit
that states, "Exhibit [number] is [description of exhibit]."

The electronic exhibit binder should be emailed to chambers (link sends e-mail).
Include the case number and case name in the subject line. If the file
containing the electronic exhibit binder is too large to email, then it may be
submitted to the court on a thumbdrive containing the electronic file.

Exhibit List
In accordance with the applicable case management and scheduling order, counsel
for each party must file and exchange a list of exhibits that may be introduced
at trial. In completing the exhibit list form, counsel must provide a
descriptive notation sufficient to identify each exhibit.

In addition, on the morning of trial, before jury selection, counsel must
provide the courtroom deputy with three copies of the exhibit lists
and email the lists in Microsoft Word format (.doc and.docx) to chambers (link
sends e-mail). Include the case number and case name in the subject line.

To avoid duplicate exhibits and confusion in the record, counsel must submit all
stipulated exhibits as joint exhibits. Counsel must identify joint exhibits on a
single exhibit list rather than separately list the joint exhibits on their
individual exhibit lists. For example, if photographs or medical records are
being stipulated into evidence, they should be marked as a joint exhibit and not
listed separately on each party's witness list. Each party's exhibit list should
include only additional exhibits to which objections have been asserted.

Hours
The court 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 require.

Jury Instructions and Verdict Forms
In accordance with the applicable case management and scheduling order, counsel
must file and serve proposed jury instructions and verdict forms based on the
United States Court of Appeals for the Eleventh Circuit Pattern Jury
Instructions. If a pattern instruction is not available for a certain type of
instruction, counsel must submit a proposed instruction and cite authority
supporting the requested non-pattern instruction.

Jury Selection and Voir Dire
Jury selection is typically set for the morning of the first day of trial. The
court conducts voir dire. The court typically selects eight jurors for civil
cases, although it may seat additional jurors in lengthier cases.

In accordance with the case management and scheduling order, counsel must file
and serve proposed voir dire questions specific to the case. The court will give
due consideration to the parties' proposed questions when conducting voir dire.
Counsel must email the proposed questions in Microsoft Word format (.doc or
.docx) to chambers (link sends e-mail). Include the case number (link is
external) and case name in the subject line.

Marking Exhibits
Before trial, counsel for each party must mark exhibits using the court's
exhibit tags. 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. For example:

Type of Exhibit Examples and Instructions Government Gov. 1, Gov. 2, Gov. 3,
etc. Plaintiff Pl. 1, Pl. 2, Pl. 3, etc. Defendant Def. 1, Def. 2, Def. 3, etc.
Multiple Defendants Number exhibits in the same order as the defendant's name
appears on the indictment: D-1 Ex. 1, D-2 Ex. 1, etc. Joint Exhibits Joint 1,
Joint 2, Joint 3, etc.

Composite Exhibits

Mark each exhibit in the composite separately using a number and lower case
letter, e.g., Gov. 1a, Gov. 1b, Gov. 1c, etc.    
And, identify each exhibit in the composite on a separate line in the exhibit
list.

Proposed Findings of Fact and Conclusions of Law
The parties should expect to submit proposed findings of fact and conclusions of
law within 21 to 30 days after the conclusion of the bench trial. Each must be
separately stated in numbered paragraphs. Findings of fact must contain a
detailed listing of the relevant material facts the party has established in a
simple narrative form. Conclusions of law must contain a full exposition of the
legal theories relied upon by counsel. Parties must file proposed findings of
fact and conclusions of law with the court and email them to chambers (link
sends e-mail) in Microsoft Word format (.doc or .docx).

Trial Briefs
Generally, no later than seven days before the trial date (unless the court sets
a specific date), to the extent necessary, each side may file a trial brief not
exceeding 10 pages, with citations to authorities and arguments specifically
addressing issues (if any) raised in the pretrial statement (see Local Rule
3.06(c)(12) and (13)) and any other significant disputed issues of law likely to
arise at trial.

Trial Term and Calendar
Parties must immediately inform the court of any development that may affect
trial after the trial date is set. In civil cases, the court may assess jury
costs to the parties if they fail to inform it of settlement before the jury is
called.

Witness Lists
In accordance with the applicable case management and scheduling order, counsel
for each party must file and exchange a list of all witnesses who may be called
at trial. In addition, on the morning of the first day of trial, counsel for
each party must provide three copies of its final witness list to the courtroom
deputy.

Absent good cause, the court will not permit the testimony of unlisted witnesses
at trial over objection. This restriction does not apply to true rebuttal
witnesses (i.e., witnesses whose testimony could not have been reasonably
foreseen as necessary).

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