|
Honorable Laurel M. Isicoff |
| Chamber Location: | 51 S. W. 1st Ave. Room 1411 Miami, FL 33130 |
| Courtroom Location: | 51 S. W. 1st Ave. Room 1409 Miami, FL 33130 |
| Judicial Assistant | Emily Maza (305) 714-1750 |
| Law Clerk | Dana R. Quick (305) 714-1753 |
| Courtroom Deputy | Noemi Sanabria (305) 714-1877 |
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Special Info/procedures:
The
Court's Guidelines for Courtroom Decorum , which can be found at www.flsb.uscourts.gov,
will be strictly enforced at all times, whether or not the Judge is presiding. Neither
food nor drink may be consumed in the courtroom at any time. Cell
phones may not be used in the courtroom at any time when court is in session.
Court is in session at any time the court reporter is recording the proceedings
even if the Judge is not presiding. Personal
conversations are to be conducted outside the courtroom when court is in
session. Cell phones, beepers and any other device that makes noise must be
turned off, or placed on vibrate, while court is in session. LOCAL RULES AND ADMINISTRATIVE ORDERS Judge
Isicoff strictly enforces the Local Rules and all
Administrative Orders, all of which are available on the Court's website at www.flsb.uscourts.gov
Telephone Appearance at Hearings
Telephonic appearances are not permitted for evidentiary hearing or hearings
conducted in connection with Chapter 13 cases. Telephonic appearances will
generally only be considered for counsel who are
outside of the Miami Division of the Southern District of Florida except as
otherwise authorized by the Court in connection with an emergency hearing.
Participation of counsel appearing by phone will be limited to a short statement
or argument in support of, or in opposition to, the relief requested. Counsel
may not engage in extended argument or participate in the introduction of
evidence or examination of witnesses, if the Court determines it is appropriate
to receive evidence at the scheduled hearing.
Appearances by phone must be arranged with Noemi Sanabria,
Courtroom Deputy (305) 714-1877, at least 48 hours in advance of the hearing.
There is no assurance that requests will be granted. The denial of a
last-minute request will not be an appropriate basis for requesting a
continuance of the hearing.
Counsel should provide the Courtroom Deputy with his/her direct telephone line
(or a direct line to his/her secretary or paralegal), rather than a switchboard
number. The Court can accommodate only one party’s telephonic appearance at a
particular hearing. If more than one counsel wishes to appear telephonically,
counsel must arrange among themselves for a “call-in conference call” and
must supply the Court with the telephone number and access code at least 48
hours before the hearing. Counsel must be available beginning when the
hearing is scheduled. However sometimes matters start
late and there is no guarantee regarding the time you will actually be called.
Counsel appearing telephonically may not use a speakerphone; a handset must be
used. Counsel should state his/her name each time he/she is heard so the court
reporter can identify who is speaking. Counsel should speak loudly, clearly,
and slowly. Also, counsel should cover the telephone handset, or place the
phone on mute, when he/she is not talking, to minimize background noise that is
broadcast over the speaker system in the courtroom. Failure to do so may result
in the inability of the court reporter to fully and accurately transcribe the
statements of counsel.
If there is an equipment failure for any reason, the Judge will continue with
the hearing without participation of counsel appearing telephonically. Counsel
assumes the risk of the prejudice that may result from not being present in
person and possibly unable to therefore advance the party’s points in favor of,
or in opposition to, the relief requested.
Time of Hearings
Hearings will start at the scheduled time. Counsel and their clients and
witnesses are required to appear in court at the scheduled time of a hearing.
Tardiness will be excused only in the event of an unanticipated emergency or
occurrence. Traffic does not qualify as an unanticipated event other than
unusual traffic caused by accident or other unanticipated traffic event. If you
are late and your case is called before you arrive, it is likely the motion
will either be denied for failure to prosecute or granted without opposition. If
you have good grounds for your failure to appear at the scheduled time, file a
motion for reconsideration.
Evidentiary Hearings
No evidentiary matters will be considered on motion calendars. Matters on the
motion calendar that are evidentiary will be treated as a preliminary hearing.
It is counsel's responsibility to advise the courtroom deputy if an evidentiary
hearing is needed. The Judge will consider evidence at a non-evidentiary
hearing at her discretion.
Chapter 11 Status Conferences
Section 105 Status Conferences will be scheduled within thirty (30) days after
any Chapter 11 is filed. The Debtor, the U.S. Trustee, any committee,
lender and other party in interest will be invited to attend. At the status
conference the Judge will consider any commitee
disclosure issues under 11 U.S.C. §1102 as well as any interest in, or need for
fast track confirmation as set forth in this Court's Order regarding Fast Track Scheduling.
Chapter 13 Hearings
Most uncontested Chapter 13 confirmation hearings and some uncontested
Chapter 13 motions will be handled by the Chapter 13 Trustee without the
Judge’s actual presence in the courtroom. However, even though the Judge is not
present, COURT IS IN SESSION and the proceedings are being recorded by the
court reporter. Consequently, all rules regarding courtroom decorum, including
dress code, use of the podium and microphone, and use of cell phones, apply.
Judge Isicoff generally will not consider exceptions
to the requirement of a wage deduction order for plan confirmation.
Chapter 13 evidentiary matters will be set on the Chapter 13 evidentiary
calendar. CALENDAR: PROCEDURES FOR OBTAINING AND CANCELING
HEARING DATES
Judge Isicoff’s calendar is set and maintained exclusively
by the courtroom deputy. Do not call Judge Isicoff’s
law clerk or judicial assistant about calendar matters.
Judge Isicoff strives to provide timely hearing dates
for all matters. Counsel’s cooperation is essential in this regard. The Court’s
heavy docket requires that parties confer with each other as to the availability
of the parties before reseting, or specially setting,
hearings.
Hearing dates will be set by the Court and the movant
will be sent the notice of hearing. MOVANT must serve the notice of hearing on
other parties and file an appropriate certificate of service, including those
parties who have received electronic notice from the court noticing service. See
Local Rule 2002-1(F)
Evidentiary hearings, or motions that will take in excess of ten minutes, must
be specially set and will usually not be heard during motion calendar. It
is the responsibility of the party setting the hearing to determine whether a
special setting is necessary and the availability of the parties. The courtroom
deputy will not act as a middleman to clear dates for parties who do not confer
with each other. Failure of counsel to confer with one another before
setting hearings may result in the hearing not going forward.
Continuances for hearings on motion calendars may be requested by an agreed
motion for continuance filed with a proposed order, so long as the basis is
unavailability of one or both parties. If the parties do not agree, the motion
for continuance will be set for hearing. Continuances for pretrial
conferences or specially set evidentiary matters will generally not be
granted ex parte without a hearing even if agreed. Parties should refer
to the Court's Order Setting Filing and Disclosure Requirements for Pretrial
and Trial Order Setting
Filing and Disclosure Requirements for additional requirements for
continuances.
Matters settled prior to a hearing may be removed from the calendar by
calling the courtroom deputy by noon at least one business day prior to the
hearing.
Emergency matters are those where the requested relief requires immediate
action. You may call Judge Isicoff’s courtroom deputy
to advise her you will be filing an emergency matter but no matter will be set
for hearing unless and until the pleading is filed. You must use the
"Urgent" cover sheet when submitting emergencies or you may call
chambers and advice the Judge's staff an emergency pleading has been uploaded.
However you must speak to someone. A voicemail will not be an acceptable form
of communication. A filed emergency motion will be reviewed by Judge Isicoff to determine if it should be treated as an emergency.
All emergency motions must comply with Local Rule 9075-1. The courtroom deputy
will call and set the hearing as directed by the Judge. No scheduling
will occur until the motion is filed and reviewed by the Judge. Upon receipt of
time and date of hearing, the party setting the hearing must immediately
provide notice to opposing counsel by phone, fax, and e-mail and file a
certificate of service. Failure to provide immediate notice to opposing
counsel may result in the hearing not going forward.
Judge Isicoff does not generally set motions for
summary judgment for hearing. The Judge will enter an Order Setting Briefing
Schedule after a Motion for Summary Judgment is filed unless the Judge sets the
motion for hearing. Please contact the law clerk if you do not receive the
Order Setting Briefing Schedule within 10 days after filing a motion for
summary judgment. PAPERS FILED WITHIN TWO (2) BUSINESS DAYS PRIOR TO
HEARING.
Use the red "Urgent" cover sheet or the direct phone call procedures
when submitting emergencies or urgent documents that need to be reviewed by
Judge Isicoff within two(2)
business days, even if the original is being filed electronically. The cover
sheets can be obtained at the
All parties are expected to be familiar with, and prepare all orders consistent
with, the Court's Guidelines for preparing, submitting and serving orders which
can be found at www.flsb.uscourts.gov/Local
Rules/Guidelines.
All orders must indicate:
a) the date
and time of any hearing to which the order relates;
b) whether the
order is agreed;
c) the court paper
number of all docketed papers referenced in order;
d) whether
the underlying motion was ex parte; and
e) in the
title of the order, the Court’s decision and the name and court paper number of
the underlying motion (see Local Rules 9004-1, 9004-2, 9072-1).
All orders must indicate to whom the order is being served and direct an
attorney or party to serve the order and file a certificate of service. See
Local Rule 9072-1(F).
Paper Orders
Counsel is directed to bring a proposed order prepared in accordance with the
local rules or applicable administrative order granting or denying the relief
requested for any matter set on the motion calendar.
E-Orders
Do not submit orders prior to the hearing, if the matter is set for hearing or
prior to filing of the certificate of no response when negative notice
procedures are used. Do not file orders on ex parte matters prior to having
filed, and where applicable, having served, the related motion. Premature
orders will be trashed.
Use the proper category when submitting e-orders. For example, do not
use “Ch. 13 Trustee Orders” when submitting an order unless you are the Chapter
13 Trustee.
Any counsel appearing on behalf of other counsel at a hearing must be familiar
with the facts and law of the case for which they are appearing. Do NOT
send substitute counsel without preparation. NO EX PARTE COMMUNICATIONS
Judge Isicoff does not entertain any oral or ex parte
communications. Do not write letters or call Judge Isicoff,
her law clerk or judicial assistant regarding cases. Federal Rule of Bankruptcy
Procedure 9003 prohibits ex parte communications with the Judge by any party in
interest regarding any matter affecting a particular case.
Pro Se Debtors should review the Court's pro se web page, especially the
video. Pro Se Debtors must comply with the Local Rules. A
copy of the Local Rules are available on the Court’s website ( www.flsb.uscourts.gov)
or from the clerk’s office. Pro Se Debtors must make
sure their motion clearly explains what they want the Judge to do and why. Pro
Se Debtors must also make sure they send a copy of any motion and any
notice of hearing for the motion to those people or companies that are required
to get a copy. | |