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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 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.
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 hearings on motions for relief from
stay, evidentiary hearings, or hearings conducted in connection with Chapter 13 cases. Telephonic appearances will only be considered for counsel who are outside of the
Miami Division of the Southern District of Florida except as otherwise authorized by the
Judge 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 wish to appear telephonically, they 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 Judge Isicoff'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.
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.
Evidentiary hearings, or motions that will take in excess of fifteen minutes,
must be specially set and will not be heard during motion calendar. It is the
responsibility of the party setting the hearing to determine wherther 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 Judge's Order Setting Filing and Disclosure Requirements for Pretrial and Trial
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 two business days 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. 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. Responses are generally due 20 days after the motion for summary
judgment is filed and replies along with a joint stipulation of facts are generally due 10 days
after the response. 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.
Use Local Form "Emergency Filing Cover Sheet" when submitting emergencies or urgent
documents that need to be reviewed by the Judge within two (2) business days, even if the original
is being filed electronically. Counsel seeking to file papers
within forty-eight (48) hours of a hearing must comply with Local Rule 5005-1(F). Alternatively such papers may be faxed after they
are filed. It is counsel's responsibility to confirm the Judge has received emergency or
urgent documents.
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.
Papers submitted after the hearing to chambers must be accompanied by the
coversheet to proposed orders, a copy of which can be obtained at the attached link
(Judge Isicoff's Cover Sheet.pdf). E-orders do not require a coversheet.
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. 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 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 Court 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.
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