UNITED STATES BANKRUPTCY COURT U.S. Federal Building and Courthouse 299 E. Broward Blvd., Courtroom 301 Fort Lauderdale, FL 33301
Noemi Sanabria (954) 769-5774
Kayla M. Heckman
To notify Judge Pugatch’s chambers under Local Rule 9013-4(c)(1) that a motion requesting an emergency hearing has been filed, or under Local Rule 9014-2(d)(2) of a late-filed objection or response, contact Courtroom Deputy Noemi Sanabria, at Noemi_Sanabria@flsb.uscourts.gov or (954) 769-5774.
Judge Pugatch believes in promptly addressing discovery disputes, and in strictly enforcing Rule 37(a)(5). With certain exceptions, Rule 37(a)(5) requires the Court to award attorneys’ fees and costs to the prevailing party in a discovery dispute.
If – after complying with the good faith conferral requirements of Federal Rules of Civil Procedure 26(c)(1) or 37(a)(1) – a discovery dispute cannot be resolved without court action and a motion for a protective order or to compel disclosure or discovery is filed, the movant must contact Courtroom Deputy Noemi Sanabria, at Noemi_Sanabria@flsb.uscourts.gov or (954) 769-5774 , to request an expedited hearing.
I. Remote Access Policy.
A. General Rule. Hearings are conducted in person, except as specifically stated in the notice or order setting hearing or as provided in these policies. Remote access and appearance may be made only in upon compliance with the following remote access policies:
B. Remote Access Provided for Certain Non-Evidentiary Hearings. Except for evidentiary hearings and his monthly chapter 13 consent calendar, Judge Pugatch provides remote access to hearings through Zoom Video Communications, Inc.
C. Permitted Remote Access.
1. Parties, Attorneys, and Other Representatives of Parties.
a. Without Leave of Court. A party, attorney, or other representative of a party may attend a hearing remotely without leave of Court only if:
i. the notice of hearing or order setting hearing states that the hearing will take place only by video conference;
ii. you reasonably believe you have a contagious illness;
iii. counsel represents the United States Trustee and resides outside of the Southern District of Florida;
iv. you are appearing solely to state no objection, or are only observing;
v. the hearing is to consider approval of a reaffirmation agreement; or
vi. in advance of the hearing, there is clear agreement between all interested parties that all objections to the matter set for hearing have been resolved (note: lack of any filed objections does not necessarily mean there is a clear agreement between all interested parties).
b. With Leave of Court. In all other circumstances, a party, attorney, or other representative of a party may appear remotely only if the Court has granted leave to attend remotely for good cause shown by motion filed under Local Rule 9013-2 (Relief Without a Hearing) not later than:
i. two business days before the hearing; or
ii. in emergency or unforeseen circumstances, as soon as reasonably practicable in advance of the hearing.
2. Press and Public. Under the broadcast policy of the Judicial Conference of the United States for public access to civil and bankruptcy proceedings effective as of September 22, 2023, the press and the public may listen by audio only to any hearing for which remote access is provided.
II. Remote Access Procedures.
A. Registration Required. If permitted to appear remotely, you must register for the hearing no later than 3:00 p.m. one business day before the hearing, unless the hearing is set on an emergency basis, in which case you must register at least one hour before the hearing. To register, click here or enter the following web address into a browser:
https://www.zoomgov.com/meeting/register/HrbGQj9XRjWbgWtNJfkbXQ
Unauthorized Video Access by Press or Public. If, during a hearing, the Court determines that a member of the press or the public has logged on to Zoom by video, the Court may:
1. request the person to log off (with the option to log back on by audio only);
2. disconnect the person from Zoom; or
3. disable video broadcasting of the hearing for all participants (resulting in audio-only access for all remote participants).
C. Conduct During Hearing. You must dress appropriately, exercise civility, and otherwise conduct yourself in a manner consistent with the dignity of the Court. You must also:
1. ensure the display name shown on Zoom is your full name;
2. state your name each time you speak;
3. speak audibly, clearly, and slowly; and
4. mute your microphone when you are not speaking.
If the Court has more than one matter set for hearing at the same time, you should keep your camera off until your matter is called. Then turn on your camera for your hearing and turn your camera off again after that hearing has concluded. You may disconnect from Zoom without requesting to be excused after conclusion of your hearings.
Hearings
If a matter has been settled, you may request that it be removed from the motion calendar by contacting Courtroom Deputy Noemi Sanabria, at Noemi_Sanabria@flsb.uscourts.gov, no later than 3:30 p.m. the business day before the hearing. Absent confirmation that a hearing has been removed from the calendar, counsel is required to appear at the hearing as scheduled.
Federal Rule of Bankruptcy Procedure 9003 prohibits ex parte communications with the Court about matters affecting a particular case or proceeding. Do not write letters to, email, or call Judge Pugatch or his law clerks about matters affecting a particular case or proceeding. Except in unusual circumstances, any written communication addressed to Judge Pugatch or his law clerks or otherwise sent to the Court and identifying a particular case or proceeding will be docketed and made part of the public record and may be set for hearing.
