Motorola Mobility, Inc. v. Microsoft Corporation

Filing 190

MOTION for Specially Set Trial Date by Microsoft Corporation. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Text of Proposed Order)(Miner, Curtis)

Exhibit A

FCPC Judicial Survey

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The Florida Bar
www.floridabar.org

Federico Antonio Moreno
District Judge
JUDGE | CHAMBERS | ELECTRONICS IN COURT | CM/ECF PROCEDURES | CRIMINAL PRETRIAL |
CIVIL PRETRIAL | DISCOVERY | SETTLEMENT | TRIAL | SENTENCING | GENERAL ADVICE | LINKS |
ATTACHMENTS
The following information was provided in response to a survey prepared by the Federal Court
Practice Committee of The Florida Bar. This information is not binding on any judge or court official
and may not be relied upon for precedential purposes. Further information may be found in the
attachments (sample orders, etc.) referenced at the end of this Guide entry or on the court's
website noted below.
JUDGE
Court: Southern District of Florida
Location of chambers: Wilkie Ferguson Courthouse, 400 North Miami Avenue, Miami,
Florida 33128
Assigned courtroom: 13-3
Phone: [phone]
Email address (only for proposed orders or jury instructions): [e-mail]
CHAMBERS
Staff:
Judicial Assistant/Secretary: Mariela Martinez-Cid, Career Law Clerk
Phone: [phone]
Email address:
Courtroom Deputy: Shirley Christie
Phone: [phone]
Email address:
Court Reporter: Gilda Pastor-Hernandez
Phone: [phone]
Email address:
Docket Clerk:
Phone:
Email address:

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Law Clerk phone number(s), only if you permit law clerk(s) to receive calls: 305-523-5110
Communication with chambers:
Do you permit contact with chambers
regarding questions of procedure? Yes
regarding the status of pending matters? Yes
May counsel contact chambers to speak with your law clerks(s)
on procedural matters? Yes
on the status of pending matters? Yes
Comments:
USE OF CELL PHONES, LAPTOPS, AND OTHER ELECTRONICS IN COURT
Other than procedures adopted by the U.S. Marshal's Service relating to access to a federal
courthouse, do you have any additional procedures to be followed for the use of cell phones,
laptops, or other electronics? The Southern District of Florida has various administrative
orders relating to use of cellular phones and electronic equipment. Please check the
Court's website to view the relevant policies.
Is there a designated court staff person to contact relating to the use of electronic media or other
audiovisual needs? Christian Molina 305-523-5071
*Always verify with the Clerk of Court or the U.S. Marshal's Service as to any procedures
relating to the use of cell phones or other electronic devices at the courthouse.
CM/ECF PROCEDURES
(in addition to Local Rules or CM/ECF procedures applicable in the District)
Do you have a preferred method for counsel to correct an electronically filed document that
inadvertently contains personal information (as prohibited by Fed.R.Civ.P. 5.2)?
Do you have a preferred method governing the filing of sealed documents? Nothing should be
filed under seal without first seeking leave of court.
Do you prefer that (non-trial) exhibits be filed as separate docket entries (instead of filing them as
attachments to the document they support)? No
When filing documents with multiple attachments, do you prefer that the document be filed such
that it is displayed with bookmarks within the PDF image? (This question only applies if such filing

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is available as a format for filing attachments in your District.) No
Do you prefer that (non-trial) exhibits and depositions be filed conventionally as well as on
CM/ECF? No
If YES, do you require more than one copy to be filed?
Do you prefer to have proposed orders (other than those required to be filed in the case) submitted
as an attachment to documents filed in CM/ECF, or do you prefer to receive them by email or
another method? Either method is acceptable
Should proposed orders be submitted in a format which can be edited, or is a PDF version
acceptable? Word Perfect Format is preferred
Comments:
PRETRIAL PROCEDURE (CRIMINAL)
Do you conduct preliminary pretrial conferences in criminal cases? No
If YES, what matters do you typically discuss during a preliminary pretrial conference?
Do you require the defendant to be present at status conferences? No
If YES, do you have the same policy for defendants in custody and for defendants on bond?
Do you conduct suppression hearings or do you refer them to a Magistrate Judge? Varies
Do you conduct hearings on pretrial motions to dismiss or to sever? Yes
Do you take the plea or do you regularly refer plea hearings to a Magistrate Judge? Judge Moreno
handles all pleas
If you regularly refer plea hearings to a Magistrate Judge, what circumstances would permit the
parties to have a plea hearing before you?
Do you have a regular plea deadline? No
If YES, when is that deadline?
If NO, is a plea deadline set at pretrial conferences?
What is your policy concerning nolo contendere or Alford pleas? Nolo contendere pleas are not
accepted.
Do you have any special procedures regarding plea agreements for individuals who are cooperating
with the government, e.g., sealed plea agreements, etc.?

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What is your policy as to plea agreements that involve sentencing recommendations?
Comments:
PRETRIAL PROCEDURE (CIVIL)
Do you issue a standard pretrial order? (Please attach a copy at the end of this survey.) Yes
Do you conduct preliminary pretrial hearings, e.g., pursuant to Fed.R.Civ.P. 16? No
If YES, what matters do you typically discuss during preliminary pretrial hearings? If they are
requested, the Court may conduct pretrial hearings.
Do you have any requirements, beyond those found in the Federal Rules of Civil Procedure and the
Local Rules, as to motions for extension of time or motions for continuance? No
If YES, what do you require?
Other than as required by Local Rules, do you prefer that the moving parties submit proposed
orders along with non-dispositive motions? Yes
Do you have any requirements, beyond those found in the Federal Rules and the Local Rules, as to
ex parte temporary restraining orders?
Do you generally hear preliminary injunction motions? Yes
If YES, do you permit evidence to be introduced? Yes
If NO, do you routinely refer preliminary injunctions for report and recommendation by a
Magistrate Judge?
Should copies of cases cited in motions and memoranda be forwarded to chambers?
copies of published cases? No
copies of unpublished opinions? No
If copies of cases are submitted, do you accept copies that have portions highlighted by counsel?
No
Do you regularly set aside time during a given week/month for hearings on motions? No
If YES, when is your normal hearing date/time?
Under what circumstances do you allow telephonic hearings? Only in exceptional circumstances
and with leave of Court provided beforehand

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What is your practice concerning oral arguments on dispositive motions? The Court sometimes
sets oral arguments. The parties are always free to request it.
Will you entertain motions in limine prior to trial? Yes
If YES, how far in advance should they be filed? If the motion is filed within the deadlines
set by the Scheduling Order
Comments:
DISCOVERY
Other than those discovery schedules contained in Local Rules, do you have special discovery
deadlines or procedures for certain types of cases (ERISA, FLSA, etc.)? Yes
If YES, what types of cases and what are the deadlines or procedures? The Court has special
procedure for FLSA and Removal Cases
Do you routinely refer discovery matters to a Magistrate Judge? No
When a dispute arises during a deposition, is it appropriate to call your chambers or the Magistrate
Judge's chambers (depending on whether the case has been referred for discovery) to seek an
immediate ruling? No
Comments: Any dispute should be put in writing
SETTLEMENT
What is your preference regarding the use of alternative dispute resolution methods such as
arbitration or mediation? The Court has a standard order referring all cases to mediation.
Do you require counsel to submit a proposed order referring the case to mediation? Yes
Do you have a procedure for counsel to request referral to a Magistrate Judge for settlement
conferences? Counsel may put in writing any request for referral to a Magistrate Judge for
a settlement conference.
Do you have any special procedures for the settlement of FLSA cases? No
Comments:
TRIAL
Do you automatically set civil cases for trial or do you wait for counsel to propose a time period in
which a case should be scheduled for trial? Automatic

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Do you grant specially set trial dates (dates certain)? Yes
If YES, under what circumstances will you grant trial dates certain? Cases are set for twoweek trial periods. Any requests for continuance or for a specially-set trial date should
be in writing to the Court and are discussed at the calendar call.
IF NO, what is your policy regarding notice for trial during a trial docket (e.g., will you give at
least 48 hours' notice)? Calendar Call is held the Tuesday before the two-week trial period
starting the following Monday
What is your practice or procedure regarding rescheduling trials that are not reached on a trial
docket, e.g., will the trial date be automatically rescheduled on your next trial docket? All cases
are "reached" during the trial docket.
Do you conduct pretrial conferences? Yes
If YES, and you have a standing order regarding pretrial conferences, please attach a copy at
the end of this survey.
Do you conduct Daubert hearings prior to trial? Yes
What, if any, procedural requirements do you have regarding the use of videotapes, trial graphics,
depositions, and demonstrations?
Do you require trial briefs
in jury trials? No
in bench trials? Yes
If you require trial briefs, when are they due? The Court will set deadlines with counsel for
trial briefs.
Do you have any requirements for trial briefs?
Do you permit counsel to perform voir dire? Yes
If YES, what guidelines or restrictions must counsel follow when conducting voir dire? The
Court allows counsel to conduct limited voir dire. Time limits are set by the Court. The
limitations vary from case to case.
If NO, can counsel submit proposed voir dire questions?
If YES, when should such questions be submitted?
What are your peremptory challenge procedures?

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In multiple party cases, do you grant each party three peremptory challenges? No
If NO, do you limit each side (i.e., plaintiff/defense) to a total of three peremptory challenges
to be shared? Yes
Do you allow back striking during jury selection? No
Do you impose any standard time limits on counsel's opening statements? Yes
If YES, what are the time limits? The Court sets the time limits with counsel in any given
case.
Can exhibits be used in opening statements? Yes
Do you allow plaintiffs to make a rebuttal during opening statements? No
Do you permit jurors to
take notes? Yes
ask questions? No
If YES, under what constraints and restrictions? The Court allows exhibits in opening if
agreed by the parties. The Court allows the jurors to ask questions in civil cases only and
if agreed to by the parties.
What, if any, procedures do you have concerning objections at trial? Counsel should stand and
state the grounds for the objection
When do you require counsel to file proposed jury instructions? Early in trial
Should jury instructions also be submitted to chambers electronically? Yes
When standard jury instructions are available, do you prefer that attorneys submit condensed
versions of the standard instructions?
Do you require proposed findings of fact and conclusions of law to be filed in bench trials? No
If YES, when do you require the proposed findings of fact and conclusions of law to be filed?
The Court does not require proposed findings of fact and conclusions of law unless
requested at the trial.
Should the proposed findings and conclusions also be submitted to chambers electronically? No
Comments:
SENTENCING

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Do you require sentencing memos from the parties? No
If YES, what is the deadline for filing a sentencing memo?
If NO, may parties file a sentencing memo? Yes
If counsel anticipates a contested or extensive sentencing hearing, should counsel notify the court?
Probably.
If you are considering an upward departure under the United States Sentencing Guidelines, do you
provide notice orally or in writing? Orally
In a proceeding for a violation of supervised release conditions, do you personally conduct the
admissions/findings of fact hearing or do you refer this to a Magistrate Judge? Judge Moreno
handles all supervised release violation hearings
Comments:
GENERAL ADVICE
What should lawyers avoid at all costs when appearing before you (other than the obvious: don't
be late, do be courteous, etc.), i.e., do you have any “pet peeves”? Counsel should be dressed
professionally; stand up when addressing the Court, jury, or witness; speak into the
microphone.
Do you have any other practice pointers, advice, observations, or suggestions for members of the
Bar appearing before you?
LINKS
Links to your court's webpage with information about your practices or other links you recommend
for practitioners:
www.flsd.uscourts.gov
ATTACHMENTS
Sample orders (please include a sample of any scheduling orders), biography, etc.

Survey last modified on 01/24/2011
[Revised: 06-30-2010]

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