Time Change for Hearing on Local Rules Amendments; Someone Running Late?

I received this important message from CM/ECF advising of a time change in the hearing scheduled to discuss Local Rule amendments:

U. S. DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

AMENDED Administrative Order 2011-82 In re: Amendments to the Local Rules - Notice of Proposed Amendments, of Opportunity for Public Comments, and of Hearing to Receive Comments. NOTE TIME CHANGE FOR THE EN BANC HEARING.
The public hearing will be held on Thursday, November 17, 2011, at 2:00 p.m. at the Paul G. Rogers Federal Courthouse in West Palm Beach Florida. Notice of intention to provide oral comments must be received by Friday, November 11, 2011.

Of course I'm going to speculate wildly and with no basis whatsoever as to why this time change was required -- that's what we do around here.

Special Report: Inside the Occupy FBA Installation Dinner Protests!

[Ed. note -- I received this front line transmission late last night from one of the #OFBAID protesters who converged on the Biltmore to protest Brett Barfield's continuing and successful efforts to improve, modernize, and upgrade the South Florida chapter of the Federal Bar Association.  His/her unedited report follows.....]

I write this from deep inside the belly of the beast, having endured hours of lovely cocktail conversation, fantastic tributes to newly confirmed judges Kathy Williams and Bob Scola, and a very moving and deeply affecting Judge Edward Davis award (the "Ned") presentation by Judge Gold to Judge Hoeveler.

That is not to say I did not suffer for the cause.

For example, in a clear act of self-abnegation, I purposely sat next to Scott Dimond.

Additionally, rather than eat all three of the delightful tortellini appetizers I only ate two (and half of one that Judge Moreno left on his plate).  My filet was undercooked yet I did not complain.  My will remains strong.

Conditions here are dire.  I have asked repeatedly for another glass of merlot but instead keep receiving cabernet.  I have not returned the seven glasses of clearly inferior swill offered; rather I have drunk them in solidarity as my injustice indigestion continues to build.

I have been forced to send this message from a secret underground location the beautiful courtyard overlooking the golf course using the free hotel wifi.  Although the riot squad has not pepper-sprayed me yet, I am sitting next to Scott Dimond.  Repeat:  I am sitting next to Scott Dimond.  He is discussing proposed rule amendments and GOOD LORD!!!...crackle...ack!....[]

[ed. -- transmission ended abruptly at 11:37 p.m.; no further communications were received]

FBA B SD FL BABC Awards!

Don't you hate lawyers who insist on lengthy, unwieldy acronyms to denote a party in a brief when it is abundantly obvious who is being referred to?

Last I checked, these acronyms (or initialisms?) are supposed to assist, ease or otherwise make the reading experience better for the reader, not clog up a brief with technically accurate yet preposterously long combinations of random initials that serve no purpose other than to make your sentences unreadable.

Alright, onto the FBA B SD FL BABC awards!

Best 70s building that was vaguely updated at some point in the late 80s:

Doral!

Yep, that hulking, aging colossus served us well and showed us that hairy old dogs can still teach us youngins a thing or two (no, I'm not referring to Bob Josefsberg).

Best meat market to pick up other lawyers or judges:

The "networking sessions" near the main ballroom!

It was hot, tight, and filled with lots of attractive people holding glasses filled with dark liquids. All we needed was a disco ball and some Kool and the Gang and those "sessions" could have taken on a whole new meaning.

Best no-show that made the event much much better:

This one's a no brainer --

We regret that scheduled keynote speaker Associate Justice Clarence Thomas has a Supreme Court conflict which will prevent his participation.

Sorry, swlip!

Actually, Judge Dubina was pretty interesting (if you could hear him above the din).

Hey schmuckies, when the Chief Judge of the 11th Circuit is addressing you, shut the hail up and eat your chow.

Best-run plenary session by a guy who actually dressed up nice and wore a suit and tie for the occasion:

Who else -- Scotty D!

Kudos to Brian Spector and Adam Rabin and all the organizers, judges and participants for making this the best FBA B SD FL BABC yet.

(Boy, that really rolls off the tongue.)

New Standard Civil Jury Instructions!

Commercial litigators don't think too often about jury instructions.

Actually, I take that back.

At some point during the course of the case, we will assign a few associates to bill many hours to prepare instructions, so that the client pays for retooling old work product that most likely will never be reviewed, let alone used.

Well now we have a legitimate reason to bill for it all over again, because the Florida Supreme Court has completely revamped the standard civil jury instructions:

As a result of the manner in which revisions of the standard civil jury instructions have been perfected over the years, use of the current book has become rather difficult. Following extensive review and revision, the Committee submitted its report in case number SC09-284, proposing the reorganization of the standard civil jury instructions and amendments limited to plain English modifications to make the instructions easier to understand. The Committee also submitted a number of reports that extended beyond reorganizing and rewording the civil instructions, seeking amendment of substantive aspects of some standard civil instructions under the reorganization format.2 The Committee presented the book reorganization to the bench and bar in a notice published in The Florida Bar News on April 15, 2008, inviting comment and identifying the web address on The Florida Bar’s website for access to the entire reformatted book. Proposed amendments to specific instructions were published separately. As discussed below, we authorize the Committee’s proposals with the exception of the proposed modification to the standard civil instruction defining greater weight of the evidence.

(Note -- I have no idea whether Scott was actually involved in these revisions, but I'm just going to assume he was and post his picture anyways.)

DKRPA.COM

Who is that British guy on WLRN who keeps interrupting All Things Considered during afternoon drive-time to prattle on about "30 years of collective experience" and "investor losses"?

Are you guys sure you want Robert Morley as the face of the firm?

(On second thought, don't answer that.)

All Hail Village Green Ad Hoc Committee On Rules And Procedures Preservation Society

Remember when we discussed the impending changes to the Federal Rules and the adoption of the new "days are days" time calculation standard?

Well, even though we live here in South Florida, it appears that things are actually under control, in that Chief Judge Moreno just signed this Administrative Order reconciling our local rules with the new changes.

Sure it took a few tries, but the main thing is they got it right:

Due to several discrepancies in the attachments to Administrative Order 2009-34 and Supplemental Administrative Order 2009-34, the Court vacates those orders.

This Administrative Order is intended to supercede those orders in their entirety.

For the reasons set forth below, the petition of the Ad Hoc Committee on Rules and Procedures for an Administrative Order concerning the calculation of time periods under the Local Rules is GRANTED.

This Court amends its various local rules on an annual cycle corresponding to the issuance of new rules books for Florida federal practitioners by West Publishing Company, after a period of public comment, notice, and an opportunity to be heard in accordance with Fed. R. Civ. P. 83 and Fed. R. Crim. P. 57.

Substantial changes to the manner in which dates are calculated in the various Federal Rules of Procedure have been approved this year and will go into effect on December 1, 2009. The Committee has prepared corresponding amendments to the Local Rules, the Discovery Handbook, the Rules Governing Attorney Discipline, the Magistrate Judge Rules, and the Admiralty Rules.

These, however, will not go into effect until April 15, 2010, subject to the notice and comment procedures described above.

To avoid any discrepancy between the manner in which time is calculated under the various Federal Rules of Procedure and the Local Rules of this District during the interim period of December 1, 2009 when the amendments to the Federal Rules go into effect and April 15, 2010 when the corresponding amendments to the Local Rules will go into effect, the Committee has requested that time-calculation changes to the above rules be set forth as an attachment to an Administrative Order,
to be in effect during the interim period. The Court has determined that this is appropriate, and it is

ORDERED that the modifications to the Local Rules, the Discovery Handbook, the Rules Governing Attorney Discipline, the Magistrate Judge Rules, and the Admiralty Rules shown on the attached table shall be effective as of December 1,2009. This Order shall expire on April 15,201 0.

It is further

ORDERED that the Clerk of the Court is directed to post this Order, with the attached table, on the Court's website, and to take such other measures as he deems necessary to advise members of the Bar of the United States District Court for the Southern District of Florida of the forthcoming changes in time calculations in the Local Rules.

Thanks to the Chief Judge and all the folks working on this for your hard work and diligence.

(I wonder if the Ad Hoc Committee can do something about that new pleading standard I've heard something about.......)

"Days Are Days" (UPDATED)

I don't know about you, but a significant part of my day consists of haranguing my paralegals and young associates regarding calendaring of motions and response times.

Frankly, it's often a highlight -- watching them use their hands, fingers, and other body parts to count, forgetting holidays no one knew existed, and getting wrong which day to start or stop counting and why.

Good times.

Unfortunately, those days will soon be gone:

On December 1, 2009, unless Congress acts otherwise, the way you compute time in federal litigation will change significantly. The Supreme Court has transmitted new rules to Congress that institute a “days are days” approach to computing the time periods in the appellate, civil, bankruptcy, and criminal rules. The new rules will include intermediate weekend days and holidays in calculating deadlines. Thus, the Court has also adopted amendments to a number of the rules that extend virtually all short deadlines. Of course, the district courts will have to revise their Local Rules accordingly, which may lead to some confusion if the revisions are not made quickly or accurately.

Who is in charge of coordinating the Local Rules -- "quickly and accurately" -- assuming these changes go through?

Oh boy, somebody better get on this fast.

UPDATED -- At Scotty's request and because he's such a good sport, I have included what some might argue are more flattering photos of our resident rule-writing king.

(To be honest, I'm not sure about that last one)

There's Something Different About These Photos

I don't know, I can't quite put my finger on it.

DCBA Clothing Drive Begins!

I'm sure many of you already received this email, alerting us to a DCBA Young Lawyers Section clothing drive:

DCBA Young Lawyers Section Professionalism Committee and the Horizons Committee in conjunction with 'Canes Closet & Hope Public Interest Resource Center at the University of Miami School of Law SEEK YOUR ASSISTANCE WITH A

PROFESSIONAL CLOTHING DRIVE The Professional Clothing Drive is a philanthropic event that coordinates the donation of work-appropriate clothing for men and women to local domestic violence shelters and other needy individuals April 20, 2009 through May 01, 2009 at the listed locations Hogan & Hartson LLP Mellon Financial Center 1111 Brickell Avenue Suite 1900 Miami, FL 33131 (firm lobby) Hughes, Hubbard & Reed LLP Miami Center 201 S. Biscayne Blvd., Suite 2500 Miami, FL 33131 (firm lobby) Museum Tower 150 West Flagler Street Miami, FL 33130 (bldg. lobby) Dade County Bar Assocaition 123 NW First Avenue, Suite 214 Miami, FL 33128 University of Miami School of Law 1311 Miller Drive Coral Gables, FL 33146 Please Help! Bring Your Clothing Donation to These Locations

Get this man a decent set of professional clothes! And get him out of the cafeteria and/or copy room while you're at it.

It's nice to see the South Florida legal community coming together for such a good cause.

Scott Dimond Likes to Get It Right The First Time.

Well it's a pretty damning statement about our toxic American politic when the Dean of frickin' Yale Law School can't get himself confirmed for a job in the Obama Administration. Right right I know he wants to apply Sharia law in American courts and all, and he looks all foreign and everything. Guess that's reason enough to attack the guy.

Speaking of "mergers" Dr. Barbay -- some interesting affiliations reported yesterday. A quality group of ex-Akerman litigators and some tobacco defense lawyers have formed a new Miami office of a New York firm I never heard of before. And Scott Rothstein's firm establishes a Miami beachhead as well. Congrats all!

And here's pesky blog fave Scott Dimond prattling on in the Herald about devils and "balancing acts" or something:

Scott Dimond, a Miami litigator who chairs the Florida Bar's Rules of Judicial Administration Committee, said videoconferencing has been discussed by the committee, which has yet to make a formal proposal to the state Supreme Court -- which ultimately must decide whether to approve it.

The rules committee is studying whether the use of video technology can save court costs without sacrificing a litigant's or a defendant's right to confront witnesses or accusers, Dimond said. ``You have to ensure that no one is losing rights provided under the law by implementing new technology. It is a balancing act.

''The devil is in the detail when writing a rule that thousands of lawyers will look at and interpret every day,'' Dimond said. ``You have to be careful to get it right the first time because it is very hard to change.''

So true!

For example, when posing for an important picture the devil is in the details and you really have to be careful to get it right the first time. These things are very hard to change.

Oh hey -- this little crappy blog thingy was selected as local "blog of the day" by the Sun-Sentinel. You can see the other local blogs they have featured here.

Have a good day everyone!

A Tale of Two Dimonds.

See if you can spot the differences.....

I count at least three!

Finally -- A Banker I Can Believe In!

So I hope you all were at Uncle Miltie's judicial fundraiser last night. I thought it was a good showing for a good guy who will make a more than good judge.

To be honest, I was getting a little sick of continually posting pics of Milton Drysdale or Mr. Mooney every time some bank goes under or turns out be involved in some massive fraud.

That's why I was thrilled to read this DBR story by Alana Roberts on how some Florida firms are weathering the depression and in fact faring better than some national counterparts.

No, not because it contained partially good news for some South Florida lawyers, but mostly because it featured SunTrust's law firm private banker Laura Kaplan:

But the regional, mid-market firms such as Florida’s legal industry leaders are faring better than firms with headquarters in cities like New York, which relied more heavily on structured finance and other declining practice groups, said Laura Kaplan, Coral Gables-based managing director and head of SunTrust Banks’ private wealth management legal specialty group.

“In this type of economic environment, you see the firms that are faring best are the ones that have diversified practice groups,” she said. “Because they’re less dependent on the large multinationals, they have a more diversified middle-market client base, and they have a much more diversified revenue stream not only in the type of work they do but also the type of clients they have in their portfolio. Their ability to diversify downstream with smaller clients is helping them fare better.”

Note to Scott Dimond -- review Laura's photo carefully, this is how you are supposed to get ready for a DBR photoshoot.

Hy Shapiro Raises Interesting Legal Question.

Let's say you're a nice young Miami Beach arms dealer, interested in shipping huge amounts of ancient Chinese munitions, stored in dubious conditions in Albania for decades, to our fightin' boys in Afghanistan.

Oh -- you also want to grossly overcharge American taxpayers in the process, and still have time to take in a nice dinner at Barton G before nightfall.

Just another American patriot, you say?

Not so fast -- turns out it became illegal in 1989 to acquire Chinese munitions:

Now Diveroli's lawyers are pushing to have the indictment dismissed, saying he didn't violate the U.S. embargo because the Albanians acquired the Chinese munitions during the Cold War -- some 15 to 27 years before the embargo took effect. Diveroli didn't buy them from Albania until late 2007.

''Despite the fact that the embargo was not imposed until 1989, the charges are based on the theory that even trading in pre-embargo munitions violates the embargo and [federal] regulation,'' defense lawyers Howard Srebnick and Hy Shapiro wrote in court papers.

They said the government's criminal case is ``mistaken, as a matter of law.''

But prosecutors counter that defense lawyers have created ambiguity where there is none.

Prosecutors said a Defense Department regulation in AEY's contract prohibits suppliers from providing munitions ''acquired directly or indirectly from Communist Chinese military companies.'' They said the word ''indirectly'' applies to the company's purchase of Chinese-made weapons from the Albanian government -- regardless of the passage of time -- and its subsequent sale to the U.S. Army.

U.S. District Judge Joan Lenard could rule on the defense's dismissal request at any time.

Hmm, methinks Hy might be on the losing side of this one.

It doesn't help that prosecutors also allege:

In 2007, the State Department e-mailed the young Miami Beach munitions dealer to tell him that he could not sell Chinese weaponry to the U.S. government to help supply allied forces in Afghanistan, according to an indictment.

But Diveroli, president of AEY, and three of his employees didn't take no for an answer, prosecutors said. They even arranged to have ''Made in China'' markings removed from the wooden crates shipped to Afghanistan to conceal the origins of the weaponry, prosecutors said in court papers.

''In order to conceal the ammunition's true origin, the defendants repackaged the ammunition and falsely represented that it had been manufactured and originated in Albania,'' wrote Assistant U.S. Attorneys James Koukios and Eloisa Delgado Fernandez.

Ahh, the kids today (two pictured above) -- so precocious, so full of mischief!

Note -- eminent litigator and friend of the blog Scotty Dimond has absolutely nothing to do with this story.

Still, his photo right below Efraim's just seemed so....right somehow?

"With Over 30 Years Combined Experience....."

"helping investors recover their losses...." or something like that.

That was from a sponsorship spot I heard on NPR last night as I was listening to "All Things Considered."

30 years? Ok, if you include that time when I was seven and Scotty helped me get back my lunch money that bully stole from me, so I guess technically it's accurate.

BTW Scott -- thanks, that PB&J was really tasty.