Philip R. Lammens Application For US District Judge Jul-23-2015 (Redacted)

THE
JOHN
LAw
M.
OFFIOES OF
FITZGIBBONS
TAMPA THEATRE BUILDING

SUITE 700
707 NORTH FRANKLIN STREET
JOHN
M.
FITZGIBBONS
OF COUNSEL
H. KAy
TAMPA, FLORIDA 33602-4441
KLEIN
CRIMINAL LAW
(813) 221-8800
CRIMINAL LAW
[email protected]
www.fitzgibbonslawtampa.com
[email protected]
December 10, 2015
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Dear Mr. Gillespie:

Pursuant to your request, please find enclosed the application for u.s. District Judge
submitted by Philip R. Lammens.
BOARD GERTIFIED GRIMINAL TRIAL ADVOCATE, NATIONAL BOARD OF TRIAL ADvoCACY

AND
HOARD GERTIFIED GRIMINAL TRIAL LAWYER, FLORIDA BAR BOARD OF LEGAL SPECIALIZATION
T~~
I', Ii //,1,11/1/,/11 ',/h,1 'ti ,11/ ,/1,/,,,,1/,1, ,I, (///1'1
~
~~:~:::.~t;::::.::
.~~~--------.
~.---~.
~
- --'
..----...
..,..' ....-..........~
.,
rl,!;',
T"'~... _.,..~~~J- n.nJ:-..-. M

"!'
J. .m~
;,/~' ~~ J....l ...
THE
JOHN
LAw
M.
OFFIOES OF
FITZGIBBONS
707 NORTH FRANKLIN STREET, SUITE 700
TAMPA. FLORIDA 33602-4441
(813) 221-8800
TO:
....
Neil J. Gillespie
8092 SW 115th Loop
.....
.....
4.
.,
VIA Email: [email protected]

VIA Email: [email protected]
November 30, 2015
John M. Fitzgibbons, Statewide Chair

Florida Federal Judicial Nominating Commission
The Law Office of John M. Fitzgibbons
707 North Franklin Street, Suite 700
Tampa, FL 33602
Email: [email protected]
Telephone: 813.221.8800
Fax: 813.228.9813
Website: www.fitzgibbonslawtampa.com
Public Records Request. F.S. 119.07(1)(c) All public records requests shall be acknowledged
promptly and in good faith. Access to public records and meetings, Art. I, Sec. 24, Fla. Const.
Dear Mr. Fitzgibbons:
This is a public records request for the application for U.S. District Judge submitted by Philip R.
Lammens, who is one of the four finalists submitted in your letter September 11, 2015 to U.S.
Senator Bill Nelson and U.S. Senator Marco Rubio, in your position as Statewide Chair of the
Florida Federal Judicial Nominating Commission.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Tel. 352-854-7807
Email: [email protected]
Cc: MuckRock, [email protected]
Enclosure: Letter September 11, 2015 to U.S. Senator Bill Nelson and U.S. Senator Marco Rubio,
from John M. Fitzgibbons, Statewide Chair, Florida Federal Judicial Nominating Commission.
https://www.flsd.uscourts.gov/wp-content/uploads/2015/09/15091JNC-NOTICE-AND-LETTER.pdf
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Subject:
"John Fitzgibbons" <[email protected]>

"Neil Gillespie" <[email protected]>
Monday, December 07, 2015 3:47 PM
Re: Public Records Request-John Fitzgibbons-StatewideChair-Florida Federal Judicial Nominating
Commission
Mr. Gillespie, I need to review the application, then redact portions of it, such as home address,
etc. I am in the middle of a busy week but hope to have it to you in the relatively near future.
John M. Fitzgibbons
Board Certified Criminal Trial Lawyer

The Law Offices of John M. Fitzgibbons
707 North Franklin Street, Suite 700
Tampa, Florida 33602
Telephone: (813) 221-8800
Fax: (813) 228-9813
Email:[email protected]
Website:fitzgibbonslawtampa.com
From: Neil Gillespie <[email protected]>

Date: Friday, December 4, 2015 2:54 PM
To: John Fitzgibbons <[email protected]>, Kay Klein <[email protected]>
Cc: Neil Gillespie <[email protected]>
Subject: Fw: Public Records Request-John Fitzgibbons-StatewideChair-Florida Federal Judicial
Nominating Commission
Mr. Fitzgibbons, when can I expect to get the records? Neil J. Gillespie
----- Original Message ----From: Neil Gillespie

To: John M Fitzgibbons ; Kay Kline
Cc: Neil Gillespie ; MuckRock
Sent: Monday, November 30, 2015 4:29 AM
Subject: Public Records Request-John Fitzgibbons-StatewideChair-Florida Federal Judicial Nominating
Commission
12/11/2015
SUMMARY FOR APPLICATION FOR U.S. DISTRICT JUDGE

NAME: Philip R. Lammens
AGE: 38
PRESENT ADDRESS & LENGTH OF RESDENCE IN FLORIDA:
I have resided in Florida since the sumnler of 1997, except for one year during my clerkship in
Montgomery, Alabama, and for approximately one year in Fairfax City, Virginia during my
tenure with the Department of Justice.
MARITAL STATUS: Married
EDUCATION:
University of Florida Levin College of Law, August 1999 to May 2002
Juris Doctorate with High Honors
University of Florida, August 1997 to May 1999
Bachelor of Arts with High Honors
Hofstra University, Hempstead, New York, August 1995 to August 1997 (Transferred to UF)
ACADEMIC HONORS:
University of Florida Levin College of Law:
J.D. with High Honors
Graduated 8th in my class of218; GPA: 3.67
Order of the Coif
Florida Law Review, Senior Articles Editor, Assistant Articles Editor, Member
Note selected for publication, Spring 2000: Section 404(a) ofthe Clean Water Act." The Army
Corps ofEngineers , Jurisdiction Over "All Other Waters," 54 Fla. L. Rev. 147 (January
2002)
Law Review Scholarship
City and Local Government Intern Award, Florida Bar, Local Government Section
Florida Bar Foundation Fellowship
University of Florida
B.A. with High Honors; GPA: 3.87
Senior Thesis
Hofstra University
Academic Scholarship, August 1995 to August 1997
Athletic Scholarship, Division I Men's Cross-Country, August 1995 to August 1997
ADMITTED TO FLORIDA BAR: November 2, 2002

OTHER STATE BARS: None
COURT ADMISSIONS:
United States Eleventh Circuit Court of Appeals, July 29, 2005
United States Ninth Circuit Court of Appeals, September 15, 2005
United States Middle District of Florida, August 24, 2006
United States Northern District of Florida, August 2, 2008
LEGAL POSITIONS HELD:

United States Magistrate Judge, United States District Court, Middle District of Florida, Ocala
Division (July 20l2-present)
Assistant United States Attorney, United States Attorney's Office, Middle District of Florida,
Ocala Division (ApriI2008-July 2012)
Assistant General Counsel, City of Jacksonville Office of General Counsel, Jacksonville, Florida
(June 2006-April 2008)
Trial Attorney, United States Department of Justice, Civil Division, Constitutional Torts Section,
Washington, D.C. (August 2005-June 2006)
Judicial Law Clerk to the Hon. Joel F. Dubina, United States Circuit Court of Appeals, Eleventh
Circuit, Montgomery, Alabama (August 2004-August 2005)
Judicial Law Clerk to the Hon. Wm. Terrell Hodges, United States District Court, Middle
District of Florida, Ocala Division (August 2002-August 2004)
Intern, City of Gainesville, City Attorney's Office, Gainesville, Florida (September 200 I-August
2002)
Summer Associate, Holland & Knight, LLP, Ft. Lauderdale, Florida (May 200 I-August 2001)
Florida Bar Foundation Fellow, Florida Institutional Legal Services, Gainesville, Florida (May
2000-August 2000)
PERCENTAGE OF APPEARENCES IN COURT:
FEDERAL: 90%
STATE: 10%
Trial: 99%
Appellate: 1%
LITIGATION:
In terms of number of cases, I have been assigned to and worked on more civil cases then
criminal cases as both a lawyer and judge (e.g. 70% civil to 30% criminal), but my
appearances in Court and time on the bench have favored my criminal cases and now my
criminal docket, likely:
Civil: 30%
Criminal: 70%
NUMBER OF CASES TRIED: 11
Jury: 5 (45%)
Non-jury: 6 (55%)
PROFESSIONAL AND OTHER ACTIVITIES:

Federal Magistrate Judges Association, July 20 12-present
Member of the Standing Committee on Rules, Term 2014-2017
Board Member of the North Central Florida Chapter of the Federal Bar Association (includes
Alachua County in the Northern District and Marion County in the Middle District): 2008-09;
20 12-present
Member of the Marion County Bar Association: 2012-present
Member of the D.R. Smith American Inn of Court: 2012-present
Member of the Chester Bedell Inn of Court: 2007-08 Inn year
Member of the Jacksonville Chapter of the Federal Bar Association: 2007-08
Member of the Jacksonville Bar Association: 2006-08
Co-editor for the Jacksonville Bar Association's The Bar Bulletin, 2007-08
Volunteer Coach and Assistant Coach at the Frank Deluca YMCA for Youth Basketball, Soccer,
and Flag Football, 2013-present
DECLARED BANKRUPTCY: No.

SUED BY CLIENT: No.
PARTY TO A LAWSUIT: No.
DISCIPLINARY MATTERS: No.
BELONG TO A CLUB WHICH DISCRIMINATES: No.
APPLICATION FOR U.S. DISTRICT JUDGE

1. Individual Information.
(a)
Full Name.
Philip Raymond Aiello Lammens
(b)
Office and home address with zip codes, telephone codes, telephone numbers with
area codes and e-mail addresses.
Office:
Golden-Collum Memorial
Federal Building and Courthouse
207 NW Second Street
Telephone: 352-369-4873
(c)
Date and place of birth.
2. Family Status
(a)
Are you married? If so, state the date of marriage and your spouse's full name
including maiden name if applicable.
(b)
Have you ever been divorced? If so, give particulars, including the date, the name of
the moving party, the number of the case, the court and the grounds.
No. I have never been divorced.
(c)
Names of your children, with age, and present occupation of each.
3. Military Service. Have you had any military service? If so, give dates, branch of service,
rank or rate, serial number, present status, and type of discharge, if applicable.
No. I have not served in the military.
4. Education. List (most recent first) each college and law school you attended, including dates
of attendance, the degrees awarded and, if you left any institution without receiving a degree, the
reason for leaving.
University of Florida Levin College of Law, Gainesville, Florida. August 1999 to May 2002.
Juris Doctorate with High Honors. Class rank: 8/218. GPA: 3.67.
University of Florida, Gainesville, Florida. August 1997 to May 1999.
Bachelor of Arts with High Honors. GPA: 3.87.
Hofstra University, Hempstead, New York. August 1995 to August 1997.
After attending Hofstra for two years, I transferred to the University of Florida.
5. Court Admissions. List all courts in which you have been admitted to practice, with dates of
admission. Give the same information for administrative bodies which require special admission
to practice.
Florida Bar, November 2, 2002
United States Eleventh Circuit Court of Appeals, July 29, 2005
United States Ninth Circuit Court of Appeals, September 15, 2005
United States Middle District of Florida, August 24, 2006
United States Northern District of Florida, August 2, 2008
6. Employers and Associations. Describe (most recent first) your law practice, experience and
all employment after your graduation from law school, including:
(a)
(b)
(c)
(d)
whether you served as clerk to a judge and, ifso, the name of the judge, the court and
the dates of the period you were a clerk.
whether you practiced alone and, if so, the addresses and the dates.
the dates, names and addresses of law firms or offices, companies or governmel1tal
agencies with which you have been connected, the nature of your connection with
each, and the names, addresses and current telephone numbers for individuals who
have direct personal knowledge about your work at such law firm, company or
governmental agency.
any other relevant particulars.
My employers and associations since my graduation from law school, including my two federal
judicial clerkships, are listed below. I have never worked as a sole practitioner.
United States Magistrate Judge" United States District Court.. Middle District of Florida, Ocala
Division (July 20 12-present)
Golden-Collum Memorial Federal Building and Courthouse
i'
The Honorable Anne C. Conway,

Chief Judge
George C. Young U.S. Courthouse &
Federal Building
40 1 West Central Boulevard
Orlando, Florida 32801
407-835-4270
Honorable Wm. Terrell Hodges

Golden-Collum Memorial Federal Building
and Courthouse
352-690-6907 (Ocala chambers)
352-692-4900 (Gainesville office)
The Honorable Timothy J. Corrigan
Bryan Simpson U.S. Courthouse
300 North Hogan Street
Jacksonville, Florida 32202
904-549-1300
Assistant United States Attorney, United States Attorney's Office, Middle District of Florida,
Ocala Division (ApriI2008-July 2012)
35 SE 1st Avenue, Suite 300
Sam Armstrong,
Retired Assistant United States Attorney,
Chief of the Ocala Division
P.O. Box 5939
352-470-8318
Sean Flynn,
Assistant United States Attorney, Deputy
Chief for the Civil Division
U.S. Attorney's Office
400 North Tampa Street, Suite 3200
813-274-6000
Vincent Citro,
Assistant United States Attorney, Deputy Chief
for the Orlando Division
U.S. Attorney's Office
400 W Washington Street, Suite 300
407-648-7500 (Orlando office)
Mr. Citro is presently assigned to a detail at the
Department of Justice, National Security
Division, Counterterrorism Section.
202-616-5192 (DOJ office)
Assistant General Counsel, City of Jacksonville Office of General Counsel, Jacksonville, Florida
(June 2006-April 2008)
City Hall
117 W. Duval Street, Suite 480
The Honorable Howard Maltz,

Circuit Judge
Richard O. Watson Judicial Center
4010 Lewis Speedway, Suite 344
St. Augustine, Florida 32084
904-827-5600
Sean Granat,
Chief of Tort and Employment Litigation,
City of Jacksonville, City Hall
117 W. Duval Street, Suite 480
904-630-1859
Trial Attorney, United States Department of Justice, Civil Division, Constitutional Torts Section,
Washington, D.C. (August 2005-June 2006)
1425 New York Avenue, Stet 8114
Washington, D.C. 20005
Paul Michael Brown,
Trial Attorney and Senior Counsel
Civil Division, Constitutional Torts
Section
U.S. Department of Justice
1425 New York Avenue NW, Suite 8114
Washington, D.C. 20530
202-616-4167
Forrest Christian,
Special Litigation Counsel
Criminal Section, Civil Rights Division
U.S. Department of Justice
6607 Beverly Avenue
McLean, Virginia 22101
202-514-8376
Judicial Law Clerk to the Hon. Joel F. Dubina, United States Circuit Court of Appeals, Eleventll
Circuit, Montgomery, Alabama (August 2004-August 2005)
1 Church Street
Montgomery, Alabama 36106
Honorable Joel F. Dubina
Frank M. Johnson U.S. Courthouse
Complex
1 Church Street
334-954-3560
Kelly Pate,
Partner, Balch & Bingham LLP
105 Tallapoosa Street, Suite 200
Ms. Pate and I were co-clerks.
Judicial Law Clerk to the Hon. Wm. Terrell Hodges, United States District Court, Middle
District of Florida, Ocala Division (August 2002-August 2004)
Golden-Collum Memorial Federal Building and Courthouse
Golden-Collum Memorial Federal
Building and Courthouse
Jacob J. Payne,
Shareholder, Rogers Towers
1301 Riverplace Blvd., Suite 1500
904-346-5567
Mr. Payne and I were co-clerks.
Intern, City of Gainesville, City Attorney's Office, Gainesville, Florida (September 200 I-August
2002) (After serving as an intern in law school, upon graduation I served briefly as a paid intern.)
200 E. University Avenue
Gainesville, Florida 32601
Marion Radson,
Retir~d Ci Attorney for the City of Gainesville
7. Types of law practiced.
(a)
(b)
Describe the general character of your law practice, dividing it into periods with dates
if its character has changed over the years.
Describe your typical clients, and mention the areas, if any, in which you specialize.
United States Magistrate Judge

On July 2, 2012, I was sworn into the Middle District of Florida as a United States Magistrate
Judge for an eight year term. I presently serve in the Ocala division, and have been the full-time
resident judge in this division during that period. I am assigned as the magistrate judge on each
case that is filed in this division (baring recusal), which includes the civil, criminal, social
security, and prisoner dockets. The civil cases are assigned to district judges throughout the
district (presently Jacksonville, Orla11do, and Tampa), and I work with each of the district judges
on these cases. I am also presently assigned with Chief Judge Conway to a Northern District
case, where the judges were recused. My social security docket is shared with Judge Hodges and
Judge ~harp (Orlando), though I am sometimes paired with other judges. While I am presently
the assigned magistrate judge on all of the Ocala criminal and prisoner cases with Judge Hodges,
there was a time when the criminal docket was split between Judge Hodges and Chief Judge
Conway, and the prisoner cases were shared between Judge Hodges, Tampa district judges, and
Ft. Myers district judges. During my tenure, there have been times where I have been the
assigned magistrate judge with at least one district judge from each division of our large court.
In the Middle District, magistrate judges are given significant responsibility to handle the full
range of civil, criminal, social security, and prisoner cases. The Middle District's caseload ranks
among the highest nationally. In fact, presently I am the assigned magistrate judge for 636 civil
cases (whicll includes civil actions, social security appeals, and prisoner petitions) and 44
criminal cases. The district judges, thus, rely on the magistrate judges for assistance in efficiently
handling and managing the court's heavy dockets, from referring preliminary matters and
discovery disputes, to substantive, dispositive motions on the fi:LIl range of cases filed, such as
copyright infringement, employment discrimination, and constitutional torts.
As a magistrate judge I can and do preside over consent jury trials in civil cases and class A
misdemeanors. With the consent of the parties I take on the role of trial judge. When this occurs,
I manage the case from its preliminary stages, through discovery and motions practice, and up to
and including trial. Through consent, I have presided over numerous civil cases, including two
that went to trial. I have also presided over a class A misdemeanor jury trial and I regularly
preside over our Central Violations Bureau docket, which includes class B misdemeanors.
In addition to presiding over consent trials and misdemeanors, a significant number of litigants
consent in their social security appeals. Where the parties do not consent, I issue a report and
recommendation to the district judge.
Because I am the only magistrate judge in the Ocala division, I am the full-time duty judge. In
this capacity I review and issue search warrants for persons and property, arrest warrants, and
criminal complaints for almost all of the Ocala division cases, ranging from fraud to multi
defendant drug conspiracies. I also preside over the preliminary criminal hearings, including
initial appearances, arraignments, probable cause hearings, and detention hearings. In most of the
Ocala division felony cases, upon referral I will conduct evidentiary hearings on competency,
motions to suppress, and felony guilty pleas. Upon referral I will also conduct violations of
supervised release hearings and evidentiary hearings on petitions under 28 U.S.C. 2255.
My civil responsibilities are also broad, as I regularly issue orders on a full range of non
dispositive civil motions, including discovery motions, preliminary pretrial matters, nl0tions to
withdraw, motions regarding amendments to pleadings, motions to strike, and requests to
proceed in forma pauperis. I have also had (and continue to have) the opportunity to issue
reports and recommendations on a full range of dispositive motions referred by various district
judges, including motions to remand, motions to dismiss, motions for sumnlary judgment,
motions for class certification, and motions for attorney's fees. While many of these civil
motions are handled on the written pleadings, I often conduct hearings as well.
In addition to my civil docket I am assigned a heavy federal prisoner docket, which is unique to
this division. The docket consists of civil rights complaints and habeas petitions brought by
federal prisoners under 28 U.S.C. 2241 who are housed at the Federal Correctional Complex at
Coleman, one of the largest federal prisons in the country. Ocala's prisoner docket also includes
civil rights complaints and habeas petitions brought by state prisoners under 28 U.S.C. 2254.
As the magistrate judge I regularly handle the case management of these petitions and suits, as
well as motions for summary judgment that are referred from the district judge.
Lastly, as a magistrate judge I conduct settlement conferences in civil cases for the Ocala and
Orlando divisions when requested to do so by the district judge. Typically, these are cases where
the parties ask the court for a magistrate judge to serve as the mediator or where the district judge
otherwise believes the parties will benefit from such a mediation. Of course, like the entire civil
docket, the nature of these cases range from pay disputes to medical malpractice cases, including
one where a prisoner alleged that the BOP failed to timely diagnosis and treat his cancer.
Assistant United States Attorney

Before becoming a United States Magistrate Judge, I served for several years as an Assistant
United States Attorney in this division. As an AUSA I prosecuted a full range of federal criminal
offenses such as white collar crimes (e.g., bank, tax, and social security fraud) and multi
defendant drug cases. I worked with several client agencies including the FBI, ATF, DEA, IRS,
HHS, and USSS. Some of my more significant prosecutions involved a multi-defendant credit
card fraud scheme, a local pharmacist engaged in prescription fraud, a bank vice-president
involved in bank fraud, and a long-time methamphetamine manufacturer.
I also handled all misdemeanor offenses. These generally consisted of cases investigated by the
u.s. Forest Service, and included snlall quantity drug offenses, traffic infractions, and a range of
other infractions specific to the Ocala National Forest. These offenses consisted of a large
number of the Central Violations Bureau matters.
When I began as an AUSA in April 2008 I was assigned to the civil division. After serving
several months exclusively in the civil division I began to also handle criminal matters. From
December 2008 to November 2011 I handled both a civil and criminal docket.
As a civil AUSA I handled all Ocala civil division matters, as well as some Ollt of division and
district assignments. One of my first assignments was as a Special AUSA for the Northern
District of Florida working on a higher profile case involving the u.S. Bureau of Prisons. After
that case was resolved in the government's favor I handled a second, similar, litigation also for
the Northern District. The latter case was also resolved in the government's favor and affirmed
on appeal. State ofFlorida, ex reI. Freda Cobb et al. v. United States et al., 5: 10-cv-118, 2010
WL 3211992 (Northern District of Fla. August 12, 2010) (Presiding Judge Richard Smoak) afJ'd
Florida, ex reI. Cobb v. US. Dept. ofJustice, 440 Fed. Appx. 860,2011 WL 4360916 (11th Cir.
September 20,2011).
The BOP cases were defensive in nature, which was the primary focus of my civil practice. I
defended government agencies in medical malpractice actions (e.g., the U.S. Naval Hospital and
the VA) and general tort claims (e.g., motor vehicle accidents and slip and fall suits against the
u.s. Postal Service). These cases ranged in complexity from soft tissue injuries to traumatic
brain injuries and death. I also handled a number of employment discrimination claims, as well
as constitutional challenges brought against the government. Additionally, I directly represented
individual federal employees sued in their personal capacities for purported constitutional
wrongs.
In preparing each case - for mediation and ultimately trial - I engaged in a full discovery
practice: taking the depositions of each plaintiff, lay witnesses, expert witnesses, and treating
medical providers. I also retained, as appropriate, a host of expert witnesses, e.g., physicians,
psychiatrists, life care planners, economists, and mechanical engineers. In addition, I
participated, as sole and chief counsel, in dozens of mediations or settlement conferences on
behalf of the government's client agencies. Indeed, two notable settlements involved tort claims
at or above one million dollars: one involved a baby injured during birth and another involved a
n10ther with permanent and life-altering injuries.
Along with defensive matters, I handled the Ocala prisoner docket, which consists largely of
habeas petitions filed by inmates housed, as mentioned, at FCC, Coleman. Inmates also filed,
and I handled, negligence and medical malpractice claims, as well as direct constitutional claims
against correctional officers. I handled at least 70 prisoner initiated cases as an AUSA.
Some of the other civil responsibilities I had included investigating and prosecuting affirnlative
cases brought under the False Claims Act (qui tam actions); responding to state court subpoenas
for federal documents or testinlony of federal employees; seeking the enforcement of IRS
]()
subpoenas; and obtaining an appointment by the Court to serve as a special master for
coordinating and overseeing testimony or document production in foreign litigation.
Assistant General Counsel

Prior to joining the U.S. Attorney's Office nlY practice as an Assistant General Counsel with the
City of Jacksonville consisted of State negligence actions against the City and its agencies,
federal constitutional claims brought against the City for the actions of its Sheriff s Office under
42 U.S.C. Section 1983, and constitutional claims brought directly against individual officers.
My more significant cases included the accidental shooting of a hotel patron by an officer, the
death of an inmate, the failed rescue of a man, and the negligent maintenance of a Jacksonville
Electric Authority facility. I also served, on a few occasions, as legal counsel to the Sheriffs
Office during their use of force hearings, which were conducted to determine an officer's
compliance with office policies and procedures.
Trial Attorney
Finally, as a Trial Attorney for the U.S. Department of Justice I represented federal employees,
including high ranking officials, sued in their individual capacities. In fact, my first assignment
was as co-counsel defending a Fourth Amendment suit brought directly against former U.s.
Attorney General John Ashcroft, two FBI agents, a warden, and the United States. The case
received national attention because it involved the government's use of the material witness
warrant during the investigation of terrorist suspects in Idaho. We drafted a substantive motion to
dismiss all of the defendants, and the u.S. Supreme Court recently decided Ashcroft's motion in
his favor. See Ashcroft v. Al-Kidd, 131 S. Ct. 2074 (2011). I also reviewed, and made
recommendations to the Tort Dir~ctor and agency counsel on requests made by federal
employees for governnlent attorney representation.
Judicial Law Clerk
Upon graduation from law school I began my first federal clerkship with the Hon. Wm. Terrell
Hodges. As an elbow law clerk I prepared proposed orders on a daily basis on motions for
summary judgment, motions to dismiss, and all other motions seeking relief or requesting action
by the court in civil and criminal cases. I also assisted Judge Hodges during trials, hearings, pre
trial conferences, and appellate cases (when he sat by designation) by preparing bench
memoranda, research memoranda, and orders confirming rulings. The cases I handled, as
expected, included all matters before the court: contract disputes, tort claims, constitutional
violations, employment discrimination, and criminal matters. I spent every day of those two
years listening to and learning from His Honor, as I have continued to do as a lawyer and judge.
Immediately after my clerkship with Judge Hodges I moved to Montgomery, Alabama where I
began my one year appellate clerkship with the Hon. Joel F. Dubina. My clerkship with Judge
Dubina was similar to my clerkship with Judge Hodges in the sense that both Judges gave their
law clerks a wide range of responsibility. For Judge Dubina I prepared bench memoranda for
cases prior to oral arguments, drafted opinions for cases after oral arguments, and assisted Judge
Dubina in screening non-oral argllment cases. I even assisted Judge Dubina in two criminal jury
trials that he presided over (when he sat by designation on the district court), by conducting
research 011 evidentiary issues and preparing jury instructions. Overall, I spent my clerkship
working closely with Judge Dubina on each of my cases, discussing them with him both before
J1
and after oral argument sessions, and learning a great deal about his commitment to the Court
and his approach to the bench. My time spent with both Judges was educational and rewarding: I
was exposed to the processes of the courts, the role of each member of the extended court family,
and tIle decision making of two fine judges.
8. Court Appearances.
(a)
Have you appeared in court as an attorney for a client regularly, occasionally, or not at
all? If the frequency of your appearances in court varies over the years, describe each
variance, giving dates.
Yes. As a United States Magistrate Judge I am regularly in Court and, as discussed
below, as an Assistant United States Attorney and Assistant General Counsel I made
regular court appearances.
(b)
What percentage of these appearances was in (i) Federal Courts; (ii) State Courts of
record, and (iii) Other Courts. What percentage of your litigation was (i) civil, (ii)
criminal?
The majority of my appearances over the course of my career have been in federal
court (90%) versus state court (10%).
In terms of number of cases, I have been assigned to and worked on more civil cases
then criminal cases as both a lawyer and judge (e.g., 70% civil to 30% criminal), but
my appearances in Court and time on the bench have favored my criminal cases and
now my criminal docket (e.g., 70% criminal to 30% civil).
(c)
State the number of cases you tried to verdict or judgment (rather than settled) in
courts of record, indicating whether you were sole counsel, lead counsel, or associate
counsel.
I have tried 11 cases to verdict. I was sole counsel in 9, lead counsel in 1, and
associate counsel in 1.
(d)
What percentage oftllese trials was (i) jury, (ii) non jury?
Jury: 5 jury or approximately 45%. Non-jury: 6 bench or approximately 55%.

As a magistrate judge for the Middle District I am regularly in federal court. While the majority
of my caseload is civil in nature, the majority of my hearings steam from the criminal docket. I
am typically on the bench several times a week and sometimes several times a day. I regularly
conduct initial appearances, arraignments, preliminary hearings, detention hearings, and felony
change of plea hearings. Occasionally I also conduct evidentiary hearings on competency,
motions to suppress, violations of supervised release, and petitions brought under 28 U.S.C.
2255. I have also conducted jury selection in a felony case for the district judge on the consent of
12
the parties. On the civil side my hearings typically involve discovery disputes and general case
management conferences, though I have held hearings on substantive motions, including, more
recently, a motion for class certification. I also conduct mediation conferences on a monthly
basis.
I have had the opportunity to preside over three consent jury trials and one bench trial as a
magistrate judge. The first trial was a consent jury trial in a class A misdemeanor case where a
dentist failed to file his income tax returns. The other two cases were civil consent jury trials: one
involved a plaintiff who alleged an unlawful strip search during a traffic stop, the other involved
a husband and wife who alleged that the wife was terminated from her job with a police
department in violation of her first amendment right to associate with her husband, after her
husband publicly complained about her boss, the police chief. Lastly, the bench trial involved the
removal of a monitoring device on a manatee in the Crystal River. Once a month I also hear
disputed Central Violations Bureau misdemeanor cases as the presiding judge, where I will also
hear guilty pleas and sentence the misdemeanor defendants.

During my service as an Assistant United States Attorney, beginning in April 2008 through July
2012, I principally practiced in federal court on a regular, usually daily basis. In this capacity my
court appearances where typically in criminal cases (likely 90%) versus my civil appearances
(10%). Almost all of my court appearances were as sole counsel (950/0) as opposed to as lead or
associate counsel (5%).
On the criminal side, I tried three felony drug cases to a jury: one as sole counsel involving the
transportation of cocaine, which was part of a larger, multi-defendant case involving an escaped
felon, where the transporter went to trial and the other defendants pleaded guilty (United States.
v. Priscilla Richardson, Case No. 5:11-cr-34 (M.D. Fla. March 27-29, 2012)); one as chief
counsel involving the transportation of 10 kilograms of cocaine in a hidden compartment of a
vehicle, which involved two defendants, with one commencing to trial (United States v. Jose
Becerra-Becerra, Case No. 5:09-cr-52 (M.D. Fla. February 21-23,2010)); and another involving
a marijuana grow-house (United States v. Joseph Castellano, Case No. 5:10-cr-16 (M.D. Fla.
August 2-3,2010)).
I also tried, as sole counsel, six misdemeanor bench trials stemming from class B misdemeanors
committed on the Ocala National Forest.
In addition to these federal trials, I handled all of the hearings that generally occur in a felony
matter: the initial appearance, bond hearing, arraignment, change of plea, and sentencing. I also
handled, as sole counsel, suppression and competency hearings. Finally, I handled the initial
appearances.. bond hearings.. and subsequent sentencing hearings for a significant number of
violations of supervised release.
Of the typical hearings in a felony case, including the violations of supervised release, I handled
a significant number, on occasion covering ten or so such hearings a week. As can be expected,
the hearings ranged in complexity from agreeable bond conditions to role adjustments under the
U.S. Sentencing Guidelines and the application of the safety valve provisions in a drug case.
13
Additionally, I presented numerous criminal complaints, arrest warrants, and search warrants
, before the u.s. Magistrate Judge in Ocala. I also covered the presentment of wiretap applications
to the u.s. District Judge for fellow AUSAs conducting such investigations here.
On the civil side, shortly after I began my service as an AUSA I served as associate counsel in a
four day state jury trial involving foreclosure, contract issues, and the United States' entitlement
to sovereign immunity. While the jury returned a verdict against the United States, the First
District Court of Appeals reversed the circuit court in all respects and held, as we had argued,
that no claim could be raised against the United States, which was entitled to sovereign
immunity. United States v. Morrison, 28 So.3d 94 (Fla. 1st DCA 2009).
I also handled, as chief counsel, a preliminary injunction hearing before the U.S. district court
where individual tenants of a low income housing development sought an injunction against
HUD. I initiated, and prosecuted, petitions to enforce IRS summonses before the district court
and defended the Social Security Administration in an appellate hearing before the u.S.
Magistrate Judge. I also appeared in State court and argued a motion to dismiss on behalf of the
u.S. Postal Service.
Prior to serving as an AUSA, my civil courtroom experience as an Assistant General Counsel
was generally before the Circuit Court in Duval County, defending the City in tort claims. In this
capacity I appeared before the court on a weekly or monthly basis to argue motions ranging from
challenges to a plaintiffs administrative notice to more complex issues involving the City's
entitlement to sovereign immunity on a motion to dismiss. Although I handled several federal
cases in the Jacksonville division for the Middle District, twice assisting our Chief Deputy
General Counsel at that time, Cindy A. Laquidara, in First Amendment cases, my actual
appearances in court were all before the State and all involved civil litigation. In addition to the
appearances to argue motions to dismiss or for scheduling hearings, I did serve, as associate
counsel, in a three day state jury trial involving issues of easement, property, and water rights.
Trial Attorney
My caseload at the Department of Justice was entirely civil and involved solely federal court
litigation. While I did not have an opportunity to make an appearance in court in this role, I did
engage in a motions practice and defended the United States in an appeal before the United
States Court of Appeals for the Ninth Circuit in an immigration, asylum case.
Judicial Law Clerk
Of course as a judicial law clerk to two federal judges over the course of three years, I spent my
time working on federal litigation, first at the district court level and then at the appellate level.
9. Litigated Matters. Describe ten of the most significant litigated matters which you personally
handled as an attorney and give the citations, if the cases were reported. Give a capsule summary
of the substance of each case and a succinct statement of what you believe to be the particular
significance of the case. Identify the party or parties whom you represented, describe in detail the
nature of your participation in the litigation and the final disposition of the case. Also state as to
each case:
1~
(a) The dates of the trial period or periods;

(b) The name of the court and the judge before whom the case was tried;
(c) The individual name, address and telephone numbers of all co-counsel and counsel for
each of the other parties.
United States Magistrate Judge: For the following cases I was the presiding judge.
1. Lynn Wolfe, as personal representative ofthe estate ofDaniel Wolfe, et ale v. Florida
Department ofCorrections, 5: 10-cv-663 (M.D. Fla.) (Consent filed June 2012 and assigned to
me July 2012. Settled on the eve of trial set for January 2013.).
Daniel Wolfe died on August 3, 2006, from an asthma attack while incarcerated at Lake
Correctional Institution, a Florida Department of Corrections facility. Mr. Wolfe's mother, Lynn
Wolfe, brought this action as the personal representative for the Estate of Daniel Wolfe, on
behalf of the estate and on behalf of herself as his survivor, under Florida's Wrongful Death Act,
the Eighth Amendment to the U.S. Constitution, and the American's with Disabilities Act. This
case was significant not only because it was my first consent case, for which I directly handled
substantive motions, discovery disputes, and pretrial matters, but because the claims under the
ADA were unique, even if not unprecedented.
Plaintiff claimed that the State was deliberately indifferent to her son's known medical needs and
sought compensatory damages under the ADA insofar as the DOC failed to provide Mr. Wolfe
with reasonable accommodations for his asthma - i.e., the means to promptly communicate with
prison officials ifhe was having a life-threatening asthma attack, such as a different housing
assignment or an emergency call button. On summary judgment the State challenged the severity
of Mr. Wolfe's asthma, and thus the need for an accommodation, and argued, nevertheless, that a
reasonable accommodation was made. As Plaintiff presented material issues of fact as to the
extent of her son's asthma, the DOC's knowledge of it, and the nature of the accommodations
provided, I denied summary judgment. The case ultimately settled on the eve of trial, but not
before other issues were also addressed in the case, including numerous motions in limine and
Plaintiffs motion to exclude several witnesses.
Counsel for Plaintiff:
Dante Trevisani
Florida Justice Institute, Inc.
3750 Miami Tower
100 SE 2nd Street
Miami, Florida 33131
305-358-2081
Counsel for Defendant:

Samuel R. Mandelbatlm
Stephen A. Spaid
Mandelbaum, Fitzsimmons, Hewitt & Cain, PA
100 S Ashley Drive, Suite 1100
813-221-0200
2. United States v. Thomas W. Harter, 5:13-cr-26 (M.D. Fla.) (Consent filed and assigned to me
May 2013. Jtrry trial September 16-17, 2013.).
In this class A misdemeanor, the United States charged Dr. Harter, a local dentist, with failing t()
file his income tax returns in six separate counts for a six year period. Dr. Harter consented to the
jurisdiction of a magistrate judge and the case proceeded before me. Dr. Harter, who proceeded
15
with counsel through the trial, filed numerous pretrial motions and motions in limine where he
claimed immunity to prosecution and challenged the government's evidence. After deciding
those motions, along with Dr. Harter's voir dire and jury instruction challenges, the case
proceeded to a jury trial. He was found guilty on all six counts.
Prior to sentencing, Dr. Harter moved to represent himself. After an appropriate hearing, that
request was granted. Dr. Harter then filed numerous post-trial motions, where he challenged the
Court's authority, previous orders, and sought a new trial and acquittal. I presided over the
sentencing, where Dr. Harter received imprisonment for a term of 12 months on each of Counts
1, 2, and 3 to run consecutively and also to a term of 12 n10nths on each of Counts 4, 5, and 6, to
run concurrently to Counts 1,2 and 3, for a total term of36 months. His appeal to Chief Judge
Conway was denied.
Counsel for United States:
Samuel D. Armstrong (retired AUSA)

Mark Schleben
Law Office of Mark Schleben, PA
1423 S Ft. Harrison Avenue
Clearwater, Florida 33756
727-443-3600
3. Rick Ranize & Rita Ranize v. Town ofLady Lake, Florida, 5:11-cv-646 (M.D. Fla.) (Consent
filed and assigned to me August 2014. Jury trial November 3-5,2014.).
Mr. and Mrs. Ranize filed two intertwined claims in this civil rights action brought under 42
U.S.C. 1983 against the Town of Lady Lake: Mr. Ranize claimed that the Town infringed his
First Amendment rights insofar as it terminated his wife from her job as a police dispatcher, and
Mrs. Ranize claimed that the Town unconstitutionally terminated her (in violation her First
Amendment rigllts to free association) based on her marital relationship with Mr. Ranize.
Following a three-day trial, the jury determined that the Town unconstitutionally terminated Mrs.
Ranize and awarded her damages, and found in favor of Mr. Ranize as well, but awarded him no
damages.
Prior to consent, I handled preliminary scheduling issues and, on referral from Judge Corrigan, I
conducted a settlement conference. After Judge Corrigan denied summary judgment, the parties
consented to my jurisdiction and I handled the pretrial matters, the trial (including voir dire and
jury instructions), and the Plaintiffs' post-trial motion for attorney's fees, which included parsing
out an award in light of Mrs. Ranize's intertwined, though separate, claim from Mr. Ranize's
claim yvhere the jury awarded him no damages.

G. Ware Cornell, Jr.
Cornell & Associates, PA
2645 Executive Park Drive
Weston, Florida 33331
954-618-1041

Mark E. Levitt
Allen, Norton & Blue, PA, Suite 100
1477 W Fairbanks Avenue
Winter Park, Florida 32789
407-571-2152
16
4. Leila Tarantino v. Citrus County & Andra Canfield, Individually, 5: 12-cv-434 (M.D. Fla.)
(Consent filed and assigned to me September 2014. Jury trial November 17-19,2014.).
In this civil rights case, which received some local media attention, Ms. Tarantino alleged that
she was unnecessarily aIld degradingly strip searched in public view on the side of a road by
Officer Canfield. She sued several Officers, including Officer Canfield, and the County for
Fourth Amendment violations. I issued a report for Judge Corrigan on the initial complaint, and
recommended that it be dismissed because the Plaintiff failed to adequately plead her individual
capacity claim against the Sheriff (who she had initially named) and her municipal liability claim
against the County. I later issued another report for Judge Corrigan on claims in the amended
complaint, and recommended that only the individual capacity claims against the Officers
proceed. Subsequently, all but Officer Canfield's motions for summary judgment were granted
by the district judge.
After summary judgnlent the case proceeded to a jury trial against Officer Canfield, on consent
to my jurisdiction. I then handled the pretrial matters and the trial (including voir dire and jury
instructions). The jury returned a verdict in favor of Officer Canfield.
Matthew R. Kachergus
Sheppard, White & Kachergus, PA
215 Washington Street
904-356-9661

Bruce R. Bogan
Hilyard, Bogan & Palmer, PA
105 E Robinson Street, Suite 201
P.O. Box 4973
407-425-4251
Michael Dustin Sechrest

Fisher, Butts, Sechrest, Warner &
Palmer, PA
5200 SW 91st Terrace, Suite 101
352-373-5922
Assistant United States Attorney: For the following cases I was sole counsel, representing the
United States.
5. Charlene Shaffer, as the parent and natural guardian ofa minor and individual, et all v.
United States, 3:07-cv-111 0 (M.D. Fla.) (District. Judge Harvey E. Schlesinger. Settlement
reached January 2010.).
In this case, which was one of my first medical malpractice defense cases, Ms. Shaffer, on behalf
of herself and her minor son, and Demar Clarke, the father of the minor son, brought suit against
the United States under the Federal Tort Claims Act related to the medical care Ms. Shaffer and
the minor child received at the Naval Air Station in Jacksonville, Florida. Ms. Shaffer
complained that her son suffered a brachial plexus injury during his delivery, with resulting
neurological damage, as a result of the negligent care provided by the Navy hospital's nurses and
doctors.
17
Between May 2008, when I appeared as sole counsel in the case, and August 2009, when a
settlement was reached, this case was extensively litigated. I interviewed numerous doctors and
nllrses, deposed Ms. Shaffer, defended depositions of the Navy nurses and doctors, and retained,
consulted, and defended the depositions of numerous expert witnesses, including an obstetrician
and a pediatric neurologist from John's Hopkins, and a neonatologist from the Children's
Hospital of Philadelphia. After an unsuccessful settlement conference with an excellent
mediator, Plaintiffs' counsel and I were able to reach a settlement that was approved by the
United States Attorney.
Counsel for Plaintiffs:
Gary M. Cohen
Grossman Roth, PA
925 S Federal Hwy, Suite 350
Boca Raton, Florida 33432
561-367-8666
6. Susan Gallagher, individually and as parent and guardian ofa minor v. United States, 5:08
cv-494 (M.D. Fla.) and related case Nilsa Gallagher v. United States, 5:08-cv-495 (M.D. Fla.)
(District Judge Wm. Terrell Hodges. Settlement reached April 2010.).
These related motor vehicle accident cases were brought against the United States under the
Federal Tort Claims act for injuries suffered by Susan Gallagher, her minor daughter, and Nilsa
Gallagher when their vehicle was struck by a vehicle driven by a United States Postal Service
mail carrier. Each Plaintiff suffered injuries, but Susan Gallagher sustained the most significant
injuries: bilateral crush injuries to her ankles and feet, and a fractured femur. Although the case
was initiated by a different firm, it was litigated by Spohrer & Dodd, PL, which specializes in
catastrophic personal injury cases. Despite multiple surgeries, Susan Gallagher, a mother and
wife, claimed her injuries were debilitating and permanent.
To defend this action I first retained a mechanical engineer, accident reconstructionist to evaluate
the crash. Then I immediately retained an orthopeadic surgeon to evaluate each Plaintiff and the
individual medical care they received as a result of the collision. In addition, as to Susan
Gallagher, I retained a psychiatrist from the University of Florida, along with a life care planner
and an economist. I engaged in extensive discovery, deposed the Plaintiffs, and reviewed scores
of medical records. Given Susan Gallagher's injuries, the combined value of the case exceeded
the authority of the United States Attorney. As a result, to reach a favorable settlement, I not only
needed U.S. Attorney approval, but agency approval and approval from the United States
Department of Justice, which I ultimately obtained. This process required a detailed and
supported analysis of the proposed settlement. At mediation, we reached an agreement as to the
minor and Nilsa Gallagher. Robert Spohrer, Matthew Spohrer, and I then successfully negotiated
Susan Gallagher's claims directly over the next few days.
Counsel for Plaintiffs:
Robert F. Spohrer
Matthew Spohrer
Co-counsel of record for Plaintiffs

Richard Mellman
Steven A. Bagen & Associates
1~
Spomer & Dodd, PL

701 W Adams Street, Suite 2
904-309-6500
6241 NW 23rd Street, Suite 200

352-376-0006
7. United States v. Ruperto Arguello-Bedolla & Jose Becerra-Becerra, 5:09-cr-52 (M.D. Fla.)
(District Judge John Antoon II. Jury trial 'as to Becerra-Becerra February 22-23,2010.) (During
this case I served as sole counsel, except at trial I served as lead counsel, as my supervisor set
second-chair.). Affirmed: United States v. Becerra-Becerra, 437 Fed. Appx. 827,2011 WL
3558190 (11th Cir. August 15,2011).
A grand jury returned a two count indictment against these two Defendants for conspiracy to
possess with intent to distribute 5 kilograms or more of cocaine and possession with intent to
distribute 5 kilo'grams or more of cocaine. I presented this case, which was my first criminal jury
trial, to the grand jury and litigated it through trial and sentencing. While Arguello-Bedolla
entered a guilty plea, Becerra-Becerra, who had initially fled from police and evaded arrest at the
time of the traffic stop, moved to suppress the cocaine and argued the stop itself was unlawful. I
argued the motion before the district judge and prevailed. The Eleventll Circuit agreed that the
stop, which was made because the Defendant was travelling too close to the vehicle in front of
him, was lawful.
Becerra-Becerra was tried before a jury and convicted on both counts. Before returning the
verdict, however, the jury asked whether the defendant needed to have knowledge that the drug
was a specific drug (i.e., cocaine) or simply that it was a controlled substance. I argued to the
court, and the district judge agreed and so instructed the jury, that he only needed to have
knowledge that it was a controlled substance. This issue, which is still litigated in courts, was
also affirmed on appeal by the Eleventh Circuit. Becerra-Becerra was sentenced to a term of
imprisonment of 133 months, which included an upward adjustment as a result of his flight.
Counsel for Becerra-Becerra:
David Gerhardt Mengers
Law Office of David Mengers
500 NE 8th Avenue
Ocala, FL 34470
352-622-5514
Counsel for Arguello-Bedolla

Rick Carey
Assistant Federal Public Defender
201 SW 2nd Street, Suite 102
352-351-9157
8. United States v. Robert Simmons, 5:10-cr-24 (M.D. Fla.) (District Judge John Antoon II.
Guilty plea on the morning of trial March 7,2011.).
A grand jury returned a two count indictment against Mr. Simmons, who was known to law
enforcement on the Ocala National Forest for his methamphetamine production, after he was
discovered cooking methamphetamine in an outdoor meth-Iab he built on the Forest. This case
was significant because he was sought 'by law enforcement for his methamphetamine production
and his lab was a significant hazard to the community, as hiking trails that are used by members
of the public where in the area of his cook. I presented this case to the grand jury, defended his
challenge to his competency to stand trial before the district judge, and litigated the case through
19
his last-minute guilty plea on the morning of his scheduled trial. In fact, Mr. Simmons plead
straight up to the charges just minutes after the venire was seated and jury selection was about to
begin. He received a 10 year mandatory n1inimum in light of his criminal history and the
quantity of methamphetamine he had cooked the day he was arrested.
Michael William Nielsen
Nielsen Law Firm
720 W. State Road 434
Winter Springs, Florida 32708
407-327-5865
9. United States v. Eleuterio Hernandez-Echeverria, Leonel Hernandez-Echeverria, Marvin
Andres Hernandez, Claudio Salas, & Priscilla Richardson, 5:11-cr-34 (M.D. Fla.) (District
Judge Wm. Terrell Hodges. Jury trial as to Ms. Richardson March 27-29, 2012.). Affirmed:
United States v. Richardson, 512 Fed. Appx 1006,2013 WL 1136561 (11th Cir. March 19,
2013).
With the exception of Richardson, all of the Defendants were stopped shortly after agreeing to
sell cocaine to a known drug dealer in the Ocala area (i.e., Monte Washington, who was recently
prosecuted and convicted in a separate drug conspiracy case: 5: 13cr28). Eleuterio Hemandez
Echeverria fled from law enforcement, but was arrested after a high speed chase. In addition to
cocaine, firearms were recovered from the vehicles. And, at the time of the initial contact with
law enforcement, DEA recognized Defendant Claudio Salas as a convicted felon who had
escaped from the custody of the u.S. Bureau of Prisons.
It was determined that Richardson had transported 5 kilograms or more of cocaine from Texas to
Ocala for the Hernandez-Echeverria brothers, who obtained the help of Salas to sell it. Her
vehicle contained a secret compartment, which was used to move the cocaine. The Defendants
were debriefed, and all but Richardson agreed to plead guilty. The brothers received lengthy
terms of imprisonment, and Claudio Salas received a significant period of 262 months to be
served consecutively to his undischarged term of imprisonment from his prior federal conviction.
Ms. Richardson proceeded to trial, where I was sole counsel. The jury returned a guilty verdict
and she ,appealed. The Eleventh Circuit affirmed, and denied her contention that she was an
unwilling accessory, finding that the evidence presented of her involvement "was sufficient for a.
reasonable jury to conclude that her role was significantly greater than that."
Counsel for Eleuterio Hemandez

Echeverria:
Charles R. Holloman, Jr.
Charles R. Holloman, PA
7 E Silver Springs Blvd, Suite 200
352-867-0766
Counsel for Caudio Salas:

Rick Carey
Assistant Federal Public Defender
201 SW 2nd Street, Suite 102
352-351-9157
2~
Counsel for Leonel Hernandez

Echeverria:
Christine Nan Bird
Alavi, Bird & Pozzuto, PA
108 N Magnolia Avenue, Suite 600
352-732-9191
Counsel for Priscilla Richardson:

David Gerhardt Mengers
Law Office of David Mengers
500 NE 8th Avenue
Ocala, FL 34470
352-622-5514
Counsel for Marvin Andres Hernandez:

J. Jeffrey Dowdy
Law Offices of Jeffrey Dowdy
520 W Lake Mary Blvd, Suite 103
Sanford, Florida 32773
407-878-7103
10. Gloria Ramos, as personal representative ofthe estate ofRafael Souffront v. City of
jacksonville, et al., 3:07-cv-37 (M.D. Fla.) (District Judge Howell W. Melton. Settlement
reached February 27, 2008.).
The Plaintiff, Glorida Ramos, as the personal representative of the estate of her son, Rafael
Souffront, asserted claims under the Fourteenth Amendment and Florida's Wrongful Death Act.
against seven individual Jacksonville Sheriffs Officers and the City itself for the death of her
son, which occurred while he was detained at the Jacksonville Sheriffs Office's Pretrial
Detention Facility. This case was significant insofar as I was the sole counsel and it was brought
against several individual officers in their personal capacities for the death of a pretrial detainee
in the custody of the Sheriffs Office. Through an effective motions practice I was able to
negotiate a settlement in this case. My initial motions on behalf of the City and the individual
Defendants, whom I personally represented, challenged the sufficiency of the Plaintiffs
pleading, to which she filed an amended complaint. Among other things, I sought dismissal of
her Fourth and Fifth Amendment claims, as well as the dismissal of the State wrongful death
claim as insufficiently plead. The court agreed.
Plaintiff then filed a third complaint, and I promptly moved to dismiss several of her claims
contained therein. In a motion to the court Plaintiff conceded the merit of the motion and filed a
fourth complaint, to which I filed an answer on behalf of the City and individual Defendants.
Ultimately, through direct communications with Plaintiffs counsel, we reached a settlement as
to the entire case.
Ronald J. Davis, II
La'Rae H. Hendrix, P.A.
165 Wells Road, Suite 104
Orange Park, Florida 32073
904-399-1644
21
10. Legal Activities. Describe as many as ten of the most significant legal activities you have
pursued, including a significant litigation which did not progress to trial or legal matters that did
not involve litigation. Describe the nature of your participation in this action, omitting any
information protected by the attorney-client privilege, unless the privilege has been waived.

Cases: While I am the assigned magistrate judge on hundreds of cases, here are two pending
matters that are significant and in the pretrial stages of litigation where I have been involved in
addressing a substantive and complex issue:
1. Kellean K Truesdell v. Clayton Thomas (aformer Sheriff's Deputy) and Marion County
SheriffChris Blair in his individual and official capacities, 5:13-cv-552 (M.D. Fla.) (District
Judge Wm. Terrell Hodges).
As stated in my report, where I reconlffiended the denial of Plaintiffs motion for class
certification: "Plaintiffbrings this putative class action against former Marion County Sheriffs
Office deputy Clayton Thomas; the Sheriff, Chris Blair, individually; and the Sheriffs Office
itself (through Sheriff Blair in his official capacity) under the Driver's Privacy Protection Act of
1994,18 U.S.C. 2721, et seq. (DPPA), 42 U.S.C. 1983 for violations of her federal privacy
rights as created by DPPA, and state law, because, as she alleges, Thomas accessed her personal
information without any lawful purpose, Sheriff Blair allegedly played some direct role in this
violation, and the Sheriff s Office allowed it to happen. Plaintiff alleges that this conduct affects
over 42,000 other individuals and seeks to form a class." (Document Entry 76.)
The case is significant and legally interesting insofar as it involves the DPPA, alleged
constitutional violations, and an effort to certify a class of over forty thousand members, with a
value between $10 million and over $100 million. The case has also involved several discovery
disputes that I have handled. Judge Hodges recently adopted my recommendation to deny the
class and it is now on interlocutory appeal.
2. The American Humanist Association, Inc. et ale v. City ofOcala, Mayor Quinn, & Police Chief
Graham, 5:14-cv-651 (M.D. Fla.) (District Judge Timothy J. Corrigan).
In this First Amendment case, the American Humanist Association and three individual Plaintiffs
sued the City of Ocala, its Mayor, and its Chief of Police for their alleged involvement in a
community prayer vigil. The case is in its very early stages, but is a significant matter insofar as
it involves the First Amendment and the City's leading public officials. Recently, upon referral
from the district judge, I recommend that the Defendants' motion to dismiss be "denied as to the
individual Plaintiffs' claims for nominal damages against the City, as well as the Mayor and
Chief in their individual capacitiesOl b.ut granted in all other respects." This case has already
received some local media attention.
3. Mediation: In addition to my general judicial tasks, I regularly serve as a mediator in cases
assigned to me or assigned to other judges from different divisions. Typically, I handle cases on
my Ocala docket and assist the Orlando division by serving as an available magistrate judge to
conduct settlement conferences where the parties request one with the court. Recently, though, I
22
served as a mediator in a case before the Eleventh Circuit, where the parties requested my
assistance, and in the Tampa division case discussed below, where the parties agreed to me.
Louise Goldsberry & Craig Dorris v. Matt Wiggins, et al., 8:14-cv-1876 (M.D. Fla.) (District
Judge Virginia M. Hernandez Covington. Settlement reached January 2015.).
The Plaintiffs in this case sued several Deputy United States Marshals and Officers of the
Sarasota Police Departnlent in their individual capacities for alleged violations of their Fourth
Amendment rights. Specifically, the Plaintiffs alleged an "unlawful and warrantless entry" of
their residence, and the "unlawful seizure" of their "individual persons at gunpoint." The
mediation involved each individual Plaintiffs claims and experience, the interests of the United
States, as well as the Sarasota Police Department. After a day of in person conferencing and a
few days of telephone discussions, all parties reached an agreement. While not every case is
handled exactly the same way, most mediations require patience, a general understanding of the
law, and some creativity. This case was no exception. And, it was a significant matter given the
nature of the allegations and some of the media attention it received.
4. Presentations: My service as a federal judge not only involves litigation and mediation, but
also active participation with my colleagues on the bench and involvement with the legal
community, as an educator, liaison, and ambassador for the Court. To fulfill this role I have
presented to and with my colleagues on the state and federal bench on numerous occasions over
the last few years. In addition to sitting on panels to discuss career and clerkship opportunities to
law students, serving as a judge for UF's moot court competition, and discussing legal issues and
federal practice at local Federal Bar Association events (both the North Central Florida Chapter
and the Jacksonville Chapter) and specialty bar association events, shortly after becoming a
judge I participated as a faculty member for technology training to new magistrate judges, and,
more recently, I participated as a faculty member at the Department of Justice's National
Advocacy Center for civil trial practice.
The new judge training involved teaching recently appointed magistrate judges how to
effectively use court and courtroom technology to manage their cases and, in particular, how to
incorporate the iPad into their daily practice. The DOJ training at the NAC involved serving for
three days as a judge for civil attorneys with the Department of Justice to conduct a jury trial
(using students from a local school) in a tort case. The Federal Bar association events involved
speaking on two leadership panels with state and federal judges to the local community about
topics including women, diversity, and a work-life balance in the law, and speaking with fellow
TIlagistrate judges at the Jacksonville Federal Bar Association's federal practice seminar about
mediation and later about discovery practices. I also spoke this year on a panel alongside two
state judges from Jacksonville to the Florida National Employment Lawyers Association and
participated in the Federal Judicial Roundtable at the Florida Bar's Annual Convention. All of
these events are wonderful opportunities to meet and engage colleagues on the bench and the
lawyers who practice before us.
23

5. Leroy Smith et ale v. United States et aI., 5:08-cv-84 (Northern District of Fla.) (District Judge
Richard Smoak. Dismissed on my motion September 2009.).
Shortly after I joined the United States Attorney's Office for the Middle District of Florida, I was
asked to serve as a Special Assistant United States Attorney for the Northern District of Florida
so that I could handle this case. This case was being monitored, coincidentally, by the director of
the torts branch, who was my previous supervisor when I served at the Department of Justice.
This case was resolved on my motion to dismiss, but involved significant time and research. It
was also monitored by the General Counsel's office for the United States Bureau of Prisons.
Twenty-one Plaintiffs, who fell into separate, discrete groups such as current and former federal
employees, current and former federal inmates, public plaintiffs, and a federal whistleblower,
attempted to sue the United States, by naming the United States, U.S. Department of Justice,
U.S. Bureau of Prisons, Federal Prison Industries, Inc., and individual Defendants sued in their
official capacities, for Plaintiffs' alleged exposure to toxic substances related to a recycling
program at the Federal Correctional Institution in Marianna, Florida. I n10ved to dismiss the
complaint on behalf of the government defendants because Plaintiffs failed to identify a basis for
the court's jurisdiction and could not overcome the government's entitlement to sovereign
immunity. Indeed, each Plaintiff failed to pursue the appropriate, and in some cases exclusive,
relief: the current and former employees were required to seek relief under the Federal
Employees Compensation Act, which is an exclusive remedy; the former inmates were required
to seek relief under the Inmate Accident Compensation Act, which was their exclusive remedy;
the public Plaintiffs were required to first fully exhaust the req'uirements of the Federal Tort
Claims Act, and the lead Plaintiff, Leroy Smith, who was a federal whistleblower, was required
to pursue his claims under the Whistleblowers Protection Act. The Court agreed that it lacked
jurisdiction and dismissed the case.
6. State ofFlorida, ex rei. Freda Cobb et al. v. United States et al., 5: 10-cv-118 (Northern
District of Fla.) (District Judge Richard Smoak. Case dismissed with prejudice on my motion
August 2010: Florida, ex reI. Cobb v. US. Dept. ofJustice, 2010 WL 3211992 (August 12,
2010)). Affirmed: Florida, ex rei. Cobb v. U.S. Dept. ofJustice, 440 Fed. Appx. 860,2011 WL
4360916 (11th Cir. September 20,2011).
Undeterred by the dismissal in Smith, and instead of filing an amended complaint in that case,
Plaintiff Cobb, joined by Padgett, filed this action in the name of the State of Florida in State
Court. They brought suit under Florida's Public Nuisance Statute to enjoin the recycling program
at the Federal Correctional Institution in Marianna, Florida as a public nuisance. After an AUSA
for the NDFL removed the action to federal court, I again defended the litigation as a Special
AUSA for the NDFL. The case was again monitored closely by the Department of Justice and
the General Counsel's office for the BOP. Unlike the prior litigation where I successfully stayed
discovery, in this case discovery commenced and I spent a significant period of time preparing
responses to Plaintiff s requests, while also preparing a comprehensive motion to dismiss on
Plaintiff s clever attempt to seek relief through the public ntlisance statute.
24
In the government's nl0tion to dismiss I argued that the State's attempt to enjoin FCI Marianna's
recycling program must be denied and the action dismissed because the State could not establish
standing to sue the federal government on behalf of its citizens in this context; Florida's public
nuisance statute did not provide a basis for the federal court's jurisdiction; and the federal
government was entitled to sovereign immunity. The district judge and the Eleventll Circuit
agreed.
7. United States v. Theodore Thornell, Jr., 5:11-cr-30 (M.D. Fla.) (District Judge Wm. Terrell
Hodges. Guilty Plea accepted February 2012.).
While I handled numerous white collar criminal cases as an AUSA, including credit card fraud,
the prosecution of a local pharmacist, and the prosecution of a tax preparer who stole
approximately $1 million, this case involved theft of money by Mr. Thornell, who was at the
time a bank vice president. Mr. Thornell stole money from clients of the bank directly out of
their bank accounts to fund his own personal trading accounts. In addition to the fact that he was
a bank vice president, the case required a lengthy grand jury investigation period to track down
where the money went and what he did with it, as multiple banks and accounts were involved. In
total he stole approximately $365,000. After he received the discovery, which included all of the
supporting bank records, Mr. Thornell entered a guilty plea. He was sentenced to 36 months
imprisonment and ordered to pay restitution in the amount of the loss.

8. Willie James Clark v. Jacksonville Electric Authority, Case No.: 16-2006-CA-002654 (In the
Circuit Court, Fourth Judicial Circuit, Duval County, Florida) (Circuit Judge Bernard Nachman.
Settlement reached November 2007.).
The Plaintiff, Willie Clark, who was an employee of a company called Able Body, was severely
injured at the Jacksonville Electric Authority's Northside Generating Station while performing
work for another company called HydroChem Industrial Services, Inc. Mr. Clark, however,
initiated his personal injury action solely against the JEA.
Pursuant to contractual agreements between these companies and the JEA, Able Body was bound
to defend, indemnify, and hold harmless the JEA. Despite my demand, made on behalf of the
lEA, to do so, Able Body initially (and for several months) refused. While preparing a defense to
the underlying litigation, which included extensive discovery and retaining an orthopeadic
surgeon to exam the Plaintiff and assess his back injuries, I pursued indemnification by Able
Body. Finally, after several months of direct communications with Plaintiffs counsel and
counsel for Able Body, which included discussions about Mr. Clark's extensive injuries and the
tort cap under Fla. Stat. 768.28, I negotiated a settlement within the cap and Able Body did
indemnify the JEA.
25
Trial Attorney
9. Al Kidd v. United States, et al., 1:05-cv-93 (District of Idaho) (District Judge Edward J.
Lodge).
The first case I was assigned in my career, where I represented a client, involved Plaintiff
Abdullah al-Kidd's civil rights action against, among others, the United States, former Attorney
General John Ashcroft, the Wardell of a federal prison, and two individual FBI agents. My co
counsel (Forrest Christian, who was the senior attorney on the case), and I represented the United
States and the individual Defendants, including Ashcroft. Mr. Christian and I extensively
researched the issues in this case and we prepared a motion to dismiss the United States (which I
primarily drafted (DE. 49/50)) and a motion to dismiss the individual Defendants (which Mr.
Christian primarily drafted). All of our arguments and briefs were reviewed and discussed with
our Director and other officials in the Department.
The Plaintiff alleged that he was unlawfully arrested and detained on a material-witness warrant
post-September 11. TIle qualified immunity arguments presented on behalf of Ashcroft in the
motion to dismiss were litigated before the Supreme Court, which summarized the case as
follows:
The complaint alleges that, in the aftermath of the September 11th terrorist attacks, then
Attorney General John Ashcroft authorized federal prosecutors and law enforcement officials
to use the nlaterial-witness statute to detain individuals with suspected ties to terrorist
organizations. It is alleged that federal officials had no intention of calling most of these
individuals as witnesses, and that they were detained, at Ashcroft's direction, because federal
officials suspected them of supporting terrorism but lacked sufficient evidence to charge
them with a crime.
Ashcroft v. al-Kidd, 131 S. Ct. 2074, 2079 (2011). Although the District Court and the Ninth
Circuit denied Aschroft qualified immunity, in a unanimous opinion the Supreme Court held
"[h]e deserves qualified immunity", finding that "an objectively reasonable arrest and detention
of a material witness pursuant to a validly obtained warrant cannot be challenged as
unconstitutional on the basis of allegations that the arresting authority had an improper motive."
ld. at 2085.
10. Representation Requests: Federal employees who are sued in their individual capacities do
not automatically receive government counsel. If an employee desires government representation
(e.g., an Assistant United States Attorney or a Trial Attorney from DOJ), as opposed to hiring his
or her own private counsel, then the employee must seek representation approval through the
Department of Justice. Typically an enlployee seeking such counsel would obtain the support of
his or her agency and submit the request to the DOJ's Civil Division, Constitutional Torts
Section, where I served as a trial attorney.
One of the first and most significant representation requests I worked on involved numerous
BOP correctional officers who were sued in their individual capacities for allegedly violating the
constitutional rights of a pretrial detaillee while he was housed at the U.S. Bureau of Prison's
Metropolitan Detention Center in Brooklyn, New York shortly after the terrorism attacks of
September 11. The Plaintiff, who was Muslim, alleged that the correctional officers physically
abused him during his incarceration. I reviewed the representation requests for the correctional
26
officers and, along with my supervisor in the Constitutional Torts Section, made
recommendations to the General Counsel for the U.S. Bureau of Prisons and the Principal
Deputy United States Attorney General as to whether they should be afforded government
counsel, the governnlent should pay for their private counsel, or they should receive no
government legal assistance. Though my role only related to the representation requests for these
officers, the case itself was significant in that it also involved allegations against high ranking
officials, such as the Attorney General and Director of the FBI, and those claims were litigated,
in part, before the Supreme Court. See Ashcroft v. Iqbal, 556 U.S. 662 (2009).
11. Public Office. Have you ever held public office? If so, give details, including the office
involved, whether elected or appointed, and the length of your service, including dates.
United States Magistrate Judge, Middle District of Florida (July 2012 to present).
I am currently serving, as I have for the past thre~ years, as a United States Magistrate Judge for
the United States District Court for the Middle District of Florida. I was appointed on July 2,
2012. Prior to my appoilltment I was interviewed by the Merit Selection Panel made up of
lawyers (and Chaired by attorney Mayanne Downs) and laypersons from the community. My
name was then submitted by the Panel to the district judges for the Middle District of Florida for
consideration. I was then interviewed by the district judges, including senior judges, and selected
for the position. I will serve an eight year term, after which I can seek reappointment.
12. Candidate or Applicant. Have you ever been an unsuccessful (a) candidate for elective
judicial or other public office, or (b) applicant for a judicial position? If so, give details,
including dates.
No. I have never been an unsuccessful candidate for elective judicial or other public office, and I
have never been an unsuccessful applicant for a judicial position.
13. Other Occupations. Have you ever been engaged in any occupation, business or profession
other than the practice of law or holding judicial or other public office? If so, give details,
including dates.
No. I have not engaged in any occupation or business profession other than the practice of law
or holding a judicial office.
14. Business Connections. Are you now an officer or director or otherwise engaged in the
managenlent of IDlY business enterprise?
(a)
(b)
If so" give details" including the name of the enterprise, the nature of the business, the
title or other description of your position, the nature of your duties and the term of
your service.
Is it you intention to resign such position and withdraw from any participation in the
management of any such enterprise if you are nonlinated and confirmed? If not, give
reasons.
27
No. I am not an officer or director or otherwise engaged in the management of any business
enterprise.
15. Allegations. Have you ever been arrested, charged or detained by federal, state or other law
enforcement authorities for a violation of any federal law or regulation, state law or regulation,
county or municipal law, regulation or ordinance? If so, give details. Do not include traffic
violations for which a fine of $100 or less was imposed.
When I was 17 years old, and beginning my senior year of high school, I was arrested, along
with a dozen or so classmates, for making graffiti on the high school parking lot. At the time, I,
along with all others involved, were writing things such as "Seniors" and "Class of '95".
Ultimately, I paid the school for my part of the clean-up, provided 20 hours of service to the
school, and conlpleted an additional period of community service as requested by the State. The
case was then closed in contemplation of dismissal, and ultimately dismissed and sealed. The
case was temporarily unsealed, at my request, for purposes of my Florida Bar application.
16. Investigations. Have you, to your knowledge, ever been under federal, state, or local
investigation for possible violation of a crinlinal statute? If so, give particulars.
To the best of my knowledge, aside from the incident described in the preceding answer, I have
never been under federal, state, or local investigation for possible violation of a criminal statute.
17. Client Litigation. Have you ever been sued by a client? If so, give particulars.
No. I have never been sued by a client.
18. Legal Proceedings. Have you ever been a party or otherwise involved in any other legal
proceedings? If so, give particulars. Do not list proceedings in which you were merely a
guardian ad litem or stakeholder. Include all legal proceedings in which you were a party in
interest, a material witness, were named as a co-conspirator or a co-respondent, and any grand
jury investigation in which you figured as a subject, or in which you appeared as a witness.
No. I have not been a party or otherwise involved in any other legal proceedings.
19. Disciplinary Matters. Have you ever been disciplined or cited for a breach of ethics or
unprofessional conduct by, or been the subject of a complaint to, any court, administrative office
or agency, bar association, disciplinary committee or other professional group? If so, give the
particulars.
I have never been disciplined or cited for a breach of ethics or unprofessional conduct.
During the last three years, two inmates each filed two judicial complaints, and a third inmate
filed one judicial complaint, that were directly related to my rulings in their cases and dismissed
by the Eleventh Circuit on that basis. In addition, a pro se Plaintiff in a case I defended as an
AUSA filed a judicial complaint against me, which was dismissed by the Eleventh Circuit
because it did not concern actions taken by me as a judge.
28
20. Health.
(a)
What is the present state of your health?

My health is excellent.
(b)
Have you in the past ten years (i) been hospitalized due to injury or illness or (ii) been
prevented from working due to injury or illness or otherwise incapacitated for a period
in excess often days? If so, give the particulars, including the dates and the present
status of the condition which caused the hospitalization or incapacitation.
No. I have not been hospitalized during the past ten years for any reason, nor have I
been prevented from working for a period in excess of ten days.
(c)
Do you currently have a physical or mental impairment which in any way limits your
performance of the duties of the position for which you are applying? If so, give the
details including any treatments you may be receiving.
No. I do not currently have any physical or mental impairment which in any way
limits the duties of the position for which I am applying.
(d)
Are you currently addicted to or dependent upon the use of any narcotic, drug, or
intoxicating beverage? If so, give the details.
No. I am not addicted to or dependent upon the use of any substance or intoxicating
beverages.
21. Writings. List at least five examples of legal articles, books, briefs, or other legal writings
which reflect your personal work. Ifbriefs were submitted, indicate the degree to which they
represent your personal work.
- 1. The American Humanist Association, Inc. et al. v. City ofOcala, Mayor Quinn, & Police Chief
Graham, 5:14-cv-651 (M.D. Fla.) (District Judge Timothy J. Corrigan). My report and
recomnlendation on the Defendants' motion to dismiss this First Amendment prayer case.
Document Entry 14.
2. Kellean K Truesdell v. Clayton Thomas (aformer Sheriff's Deputy) and Marion County
SheriffChris Blair in his individual and official capacities, 5: 13-cv-552 (M.D. Fla.) (District
Judge Wm. Terrell Hodges). My report and recommendation denying Plaintiffs request for class
certification. Document Entry 76.
3. Joseph Bradfield et al. v. Mid-Continent Casualty Co., 5: 13-cv-222 (M.D. Fla.) (District Judge
Wm. Terrell Hodges). My order, in this diversity case, denying Defendant's motion to compel a
forensic examination of Plaintiffs counsel's computer and his law firm's server. Document
Entry 135.
29
4. Leila Tarantino v. Citrus County & Andra Canfield, Individually, 5: 12-cv-434 (M.D. Fla.)
(District Judge initially Judge Corrigan, them me). My Report and recommendations issued in
this civil rights case where the Plaintiff alleged an unreasonable strip search on the side of the
road. Document Entries 15 and 49.
5. Lynn Wolfe, as personal representative ofthe estate ofDaniel Wolfe, et ale v. Florida
Department ofCorrections, 5:10-cv-663 (M.D. Fla.) (Presiding Magistrate Judge). My order on
the Defendant's motion for summary judgment in this inmate death case brought under Florida's
Wrongful Death Act, the Eighth Amendment to the U.S. Constitution, and the AmericaJ.l's with
Disabilities Act. Document Entry 155.
6. Hamid Razi v. Reza Razavi et al., 5:12-cv-80 (M.D. Fla.) (District Judge Marcia Morales
Howard). My report and reconunendation in this land-purchase dispute involving theories of tort,
contract, and quasi-contract between a California Plaintiff and Florida Defendants. Document
Entry 72.
7. John J. Turi v. Thomas Stacey, et al., 5:13-cv-248 (M.D. Fla.) (District Judge Anne C.
Conway). My report and recommendation in this case involving pro se Plaintiffs claims against
international pro se Defendants for copyright infringement, breach of contract, fraud, and unjust
enrichment. Document Entry 51.
8. State ofFlorida, ex reI. Freda Cobb et ale v. United States et al., 5:10-cv-118 (Northern
District of Fla.) (District Judge Richard Smoak). Affirmed: Florida, ex reI. Cobb v. US. Dept. of
Justice, 440 Fed. Appx. 860,2011 WL 4360916 (11th Cir. Septenlber 20,2011). My motion to
dismiss in this case involving issues of standing and the federal government's sovereign
immunity. Document Entry 15.
9. Leroy Smith et al, v. United States et al., 5:08-cv-84 (Northern District of Fla.) (District Judge
Richard Smoak). My motion to dismiss in this multi-plaintiff toxic tort case against the United
States. Document Entry 14.
10. My Note: Section 404(a) ofthe Clean Water Act: The Army Corps ofEngineers' Jurisdiction
Over "All Other Waters, " 54 Fla. L. Rev. 147 (January 2002).
22. Professional Associations.
Federal Magistrate Judges Association, July 2012-present
Member of the Standing Committee on Rules, Term 2014-2017
Board Member of the North Central Florida Chapter of the Federal Bar Association (includes
Alachua County in the Northern District and Marion County in the Middle District): 2008-09;
2012-present
Member of the Marion County Bar Association: 2012-present
Member of the D.R. Smith American Inn of Court: 2012-present
Member of the Chester Bedell Inn of Court (Jacksonville): 2007-08 Inn year
Member of the Jacksonville Chapter of the Federal Bar Association: 2007-08
Member of the Jacksonville Bar Association: 2006-08
Co-editor for the Jacksonville Bar Association's The Bar Bulletin, 2007-08
30
23. Civic Associations. List all organizations other than bar associations or professional
associations or professional societies of which you are or have been a member, including civic,
charitable, educational, social and fratenlal organizations.
I have been involved with the Frank Deluca YMCA in Ocala, Florida as a volunteer coach and
assistant coach
'
As discussed below, I was also involved in the Boy Scouts as a youth. I earned my Eagle Scout
at age sixteen and remained active in the Troop until I went to college.
24. Distinctions. List any honors, prizes, awards or other forms of recognition which you have
received (including any indication of academic distinction in college or law school) other than
those mentioned in answers to the foregoing questions.
United States Attorney's Award (M.D. Fla.), Outstanding Pretrial Work, September 2010. This
was for my work as a Special AUSA on the Northern District of Florida case against the United
States related to alleged exposure to toxic substances at FCl Marianna (State ofFlorida, ex reI.
Freda Cobb et al. v. United States et al., 5: 10-cv-118 (Northern District o'f Fla.)).
United States Attorney General~s Honors Program, Hired as a Trial Attorney, August 2005. This
is a competitive program to hire attorneys coming directly from law school or a clerkship.
University of Florida Levin College of Law:
J.D. with High Honors
Graduated 8th in my class of218; GPA: 3.67
Order of the Coif
Florida Law Review, Senior Articles Editor, Junior Articles Editor, Member
Note selected for publication, Spring 2000: Section 404(a) ofthe Clean Water Act: The Army
Corps ofEngineers' Jurisdiction Over ((All Other Waters, 54 Fla. L. Rev. 147 (January
2002)
Law Review Scholarship, Spring 2002
City and Local Government Intern Award, Florida Bar, Local Government Section, Spring
2002
Florida Bar Foundation Fellowship, Summer 2000
JJ
University of Florida
B.A. with High Honors; GPA: 3.87
Senior Thesis
H'ofstra University
Academic Scholarship, August 1995 to August 1997
Athletic Scholarship, Division I Men's Cross-Country, August 1995 to August 1997
Eagle Scout, June 1993.
31
25. Community Services. Describe any pro bono or community service activities in which you
have engaged.
After completing my first year of law school I received a fellowship from the Florida Bar
Foundation to serve as a summer fellow for Florida Institutional Legal Services, Inc. (FILS), a
non-profit law practice seeking to protect the rights of prisoners, as well as indigents. Prior to
starting the fellowship, FILS had received letters from numerous inmates in Florida complaining
about abuse by correctional officers in State prisons. One of my summer projects was to visit
these inmates at their respective facilities (several in North Florida), interview them about the
alleged abuse, and determine whether there was a pattern of abuse at certain facilities and
involving certain officers, which I did. This process gave me a greater appreciation, at an early
stage in my career, for the fact that these inmates, although convicted of serious offenses, are
entitled to basic rights that must be protected. The experience also gave me insight into the lives
of prisoners, something I considered when I opened an investigation, proposed charges to the
grand jury, and recommended a term of imprisonment. And, these are things that I continue to
consider and am mindful of in my role as a United States Magistrate Judge.
During my professional career I have served as a public employee, and have been limited in my
ability to provide pro bono services. However, I have worked in other ways to make a positive
impact on the legal system and the administration ofjustice. As a law clerk, and then again as a
judge, I participated in several Open Doors to the Federal Courthouse programs for school age
children. I have also spoken with law students on multiple occasions at the University of Florida
about the legal profession and judicial clerkships. And, while I was an attorney at the City, I
spoke with students at Florida Costal School of Law. Recently, as a judge I presided, with other
federal and state judges, over UF's moot court competition finals. As discussed earlier, I have
also presented to judges and lawyers on various topics.
Prior to college and law school, I was a Boy Scout, and earned my Eagle Scout award in 1993.
My project involved constructing and erecting bird houses and bat houses at a New York State
Park to help reduce the mosquito population. I was fifteen when I undertook my project and
received the award on my sixteenth birthday.
26. Financial Disclosure.

(a) Past and Present Income. List Sources and amounts of all income received during the
preceding calendar year and for the current calendar year, including all salaries, fees,
dividends, interest, gifts, rents, royalties, patents, honoraria, and other items exceeding $500
or more.
2014 Judicial salary: $183,172

2014 Rental income: $21,360
2014 InterestlDividends:
o
$55
0 > $36
2015 Judicial salary to date: $107,770

(Annual: $185,012)
2015 Judicial salary back pay adjustment
for 2012 & 2013: $30,579
2015 Rental income: $8,010
Dividends: $256
Capital Gain -Distribution: $492
32
(b) Future Income. List sources, amounts and dates of anticipated receipts from deferred
income arrangements, stock, options, uncompleted contracts and other future benefits which
you expect to derive from previous business relationships, professional services, firm
memberships, former employers, clients or customers if you are appointed. Please describe
the arrangements you have made to be compensated in the future for any financial or business
interest if you are appointed.
None.
(c) Bankruptcy. State whether you or your spouse have ever declared bankruptcy. If so,
explain.
Neither my wife nor I have ever declared bankruptcy.
27. Tax Liens. Has a tax lien or other collection procedure ever been instituted against you by
any federal, state or local authority? If so, give particulars.
No. No tax lien or other collection procedure has ever been instituted against me.
28. Employer Taxes. Have you paid all amounts due the government for any business or
domestic employees you may have hired? If not, explain.
Yes. I have not hired anyone, domestic or otherwise, requiring the payment of employer taxes.
29. Private Club Memberships. State whether you currently belong, or have ever belonged, to
any organization with discriminatory practices, whether by formal membership requirements or
the practical requirements or the practical implementation of membership policies. If so, list with
dates of membership. State whether you have attempted to change these policies and, if so,
explain.
I have never belonged to any organization with discriminatory practices.
30. Judicial Office. Have you ever held judicial office? If so, give dates and details including
the courts involved, whether elected or appointed, periods of service, and a description of the
jurisdiction of each such court.
United States Magistrate Judge, Middle District of Florida (July 2012 to present).
As previously stated, I am currently serving, 'as I have for the past three years, as a United States
Magistrate Judge for the United States District Court for the Middle District of Florida. I was
appointed on July 2,2012. Prior to my appointment, I was interviewed by the Merit Selection
Panel and my name was submitted by the Panel to the district judges for the Middle District of
Florida. I was then interviewed by the district judges and selected for the position. I will serve an
eight year term, after which I can seek reappointment.
The authority and jurisdiction of a United States Magistrate Judge is broad and derives primarily
from the Federal Magistrates Act of 1968 (28 U.S.C. 631-639). Our authority is further
33
delineated in the Federal Rules of Criminal and Civil Procedure, particularly Fed. R. Crim. P. 58
and 59 and Fed. R. Civ. P. 72 and 73. In short, the duties of a magistrate judge include:
Presiding over consent jury and bench trials in civil cases and class A misdemeanors.
Presiding over petty offense, class B misdemeanor bench trials.
Presiding over consent social security appeals.
Presiding over preliminary criminal matters, including initial appearances, arraignments,
preliminary hearings, and det~ntion hearings.
Reviewing and issuing search warrants for persons and property, arrest warrants, and
criminal complaints.
Conducting proceedings on felony guilty pleas.
Conducting evidentiary hearings on conlpetency, motions to suppress, violations of
supervised release, and petitions brought under 28 U.S.C. 2255.
Ruling on a broad range of non-dispositive civil motions, including discovery motions,
preliminary pretrial matters, motions to withdraw, motions regarding amendments to
pleadings, motions to strike, and requests to proceed in forma pauperis.
Ruling, through the issuance of a report and recommendation, on a full range of dispositive
motions referred by the district judge, including motions to remand, motions to dismiss,
motions for summary judgment, motions for class certification, and motions for attorney's
fees.
31(A). Judicial Service. Describe your participation, if any, on judicial committees, in judicial
conferences, and in sitting by designation, as a temporary member of the court which reviews
decisions of your court.
Since my appointment Chief Judge Anne C. Conway has assigned and selected me to several
Court committees that meet periodically and sometimes monthly.
Bench Bar Committee (2012 to present). The purpose of the Bench Bar Committee is to oversee
the funds that are collected from attorneys who wish to practice in the Middle District of Florida.
The Committee makes recommendations as to the use of the funds in promoting a partnership
between the bench and the bar. The monies from the fund have gone to preserving the history of
the Middle District, reimbursing out-of-pocket expenses incurred by court appointed attorneys
representing indigents in civil cases not covered by the Criminal Justice Act, attorney lounge
facilities, investitures, portrait ceremonies, and courthouse dedications.
Space and Facilities Committee (2013 to present). This committee is responsible for the
supervision and oversight of the physical space and furnishings for all judicial officers and
related court personnel in each of the five divisions of the court. The committee works closely
with the GSA to identify both regular and exceptional maintenance issues pertaining to the space
occupied by the court. In addition, the committee is responsible for allocating expenses,
acquisitions, and improvements consistent with funds appropriated by the Administrative Office
of the Courts and the Congress of the United States to meet the needs of the judicial officers in
carrying out their official functions.
Jury Management Committee (2013 to present). This committee examines the jury system in the
Middle District of Florida and makes recommendations as to how it can be improved to better
34
serve the jurors participating in the system. Complaints and compliments are reviewed so as to
improve the jury system.
Case Management and Judicial Relations Committee (2014 to present). This committee is
responsible for reviewing and making decisions regarding the placement ofjudicial personnel in
the divisions of the Middle District of Florida. The Committee examines the caseload and
staffing formulas regarding the judges and pro se law clerks and makes recommendations
regarding placement.
Security Committee (2014 to present). The Security Committee oversees all court and judicial
security matters. It reviews and monitors policies for security, including protection for judicial
officers, other officers and employees of the judiciary, court proceedings, and court facilities,
and makes recommendations for changes where deemed advisable. The Committee also provides
oversight of the security services of the United States Marshals Service and the General Services
Administration.
Congressional Relations Committee. The Congressional Relations Committee is responsible for
organizing and communicating with local congressmen and women for the Congressional
Breakfast or Lunch.
31(B). Potential Conflicts. With respect to your judicial service:

(a) Have you participated in any proceeding in which you had a stock or other financial
interest in one of the parties or in the matter in controversy? If so, give particulars.
No.
(b) Is there a rule or custom in your court as to judges sitting on such cases? If so, state the
rule or custom and whether or not you have complied with it.
Yes. It is customary in the Middle District of Florida for a judge to recuse himself or herself
in the event of such a conflict. To the best of my knowledge and belief I have complied with
the custom.
(c) Have you to the best of your knowledge and belief complied with applicable statutes and
Canons of the American Bar Association relative to such matters as were in force and
applicable at the time? If no, giver particulars.
Yes.
(d) Have you ever received compensation from any outside source for services rendered
(other than fees or expenses for lectures, etc.) If so, give particulars.
No.
35
31. Other Relevant Information.
I interviewed and was selected by the United States District Judges to serve as a United States
Magistrate Judge when I was 34 years old. I took my oath of office shortly after my 35th
birthday, and I have served the last three years likely as one of the youngest federal judges in the
country. During the course of my practice I have generally been one of the younger lawyers and
judges in the room, handling significant federal and state court litigation, almost always as sole
or lead counsel, and, more recently, as a federal judge. Indeed, I have well served the United
States and the courts, both federal and state, in each position I have held.
After clerking for two of the most well-respected federal judges on the bench, I had the unique
opportunity to work in the nation's capital for what is often described as the largest law office in
the world, handing cases and matters of national importance, as well as a superb city attorney's
office representing local agencies and local law enforcement officers in state court. I then
returned to the Department as an Assistant United States Attorney for one of the largest and
busiest U.s. Attorney's Offices in the country, where I worked in a divisional office handling
significant cases within the division, throughout the district, and two for the Northern. While I
served as an AUSA I also had the opportunity to handle (and was the only AUSA doing so) both
civil and criminal cases. I defended both medical malpractice cases out of the Jacksonville and
Tampa divisions and prosecuted drug dealers and wl1ite collar criminals locally.
For the past three years I have similarly served in one of the largest and most productive courts
in the country. The Ocala division's docket is large and varied, and without a full-time active
district judge the cases are shared throughout the district, as I have mentioned. This has given me
the opportunity to be paired with district judges from each division of our court who have
referred substantive motions, encouraged parties to mediate before me, and encouraged parties to
consent to my jurisdiction as a magistrate judge. I have well managed my cases, all while
engaged in the day-to-day management issues facing a courthouse and being an active member
of the local legal community and beyond.
My practice has largely been in federal court, both as a lawyer and as a judge. I have served the
United States as a law clerk, a trial attorney, an Assistant United States Attorney, and a United
States Magistrate Judge. I am prepared now to continue my service to the United States as a
district judge. I would welcome and humbly embrace the opportunity to do so.
36
'"
'
32. References. List five references by name, address, telephone number, and a brief description
of your acquaintanceship.
Honorable Joel F. Dubina

United States Circuit Judge, Eleventh Circuit
Court of Appeals
Frank M. Johnson U.S. Courthouse Complex
1 Chllrch Street
334-954-3560
I was a judicial law clerk to Judge Dubina.

United States District Judge, Middle District of
Florida
Golden-Collum Memorial Federal Building and
Courthouse
I was a judicial law clerk to Judge Hodges, I
practiced before him for several years as an
AUSA, and I now serve as a magistrate judge
working with him in Ocala.
Honorable Gary R. Jones

United States Magistrate Judge, Northern
District of Florida
United States Courthouse
401 SE First Avenue, Room 243
352-380-2746
When I was a law clerk to Judge Hodges,
Judge Jones was the magistrate judge in
Ocala. Since working together in Ocala, he
has been a mentor and now a colleague. I
stayed in touch with Judge Jones after my
clerkship and when I returned to Ocala as an
AUSA I appeared before him on a regular
basis.
AUSA Vincent Citro

Assistant United States Attorney, Deputy
Chief for the Orlando Division
u.S. Attorney's Office
400 W. Washington Street, Suite 300
407-648-7500 (Orlando office)
202-616-5192 (DOJ office)
The Honorable Howard M. Maltz

Circuit Judge, Seventh Judicial Circuit
Richard O. Watson Judicial Center
4010 Lewis Speedway, Suite 344
St. Augustine, Florida 32084
904-827-5600
Judge Maltz was the Deputy General Counsel at
the City of Jacksonville and my immediate
supervisor when I worked there. He is now a
friend and colleague.
Mr. Citro is presently assigned to a detail at the

Department of Justice, National Security
Division, Counterterrorism Section, and best
reached at the DOJ office.
AUSA Citro was a mentor during nlY time with
the U.S. Attorney's Office.
37
33. Waiver; Authorization; Signature.

I hereby waive any privilege of confidentiality I may have concerning information with the
Commission may desire to obtain from any source concerning my qualifications. I specifically
authorize all institutions, organizations, schools, physicians, hospitals, and individuals to make
available to the Commission any information concerning me which the Comnlission may
request.
Sign~
Name (Printed)
23., -20 Is-'

Date
38

Philip R. Lammens Application For US District Judge Jul-23-2015 (Redacted)

Uploaded by

Copyright:

Available Formats

Philip R. Lammens Application For US District Judge Jul-23-2015 (Redacted)

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Philip R. Lammens Application For US District Judge Jul-23-2015 (Redacted)

Uploaded by

Copyright:

Available Formats

THE

TAMPA THEATRE BUILDING

TAMPA, FLORIDA 33602-4441

December 10, 2015

Dear Mr. Gillespie:

BOARD GERTIFIED GRIMINAL TRIAL ADVOCATE, NATIONAL BOARD OF TRIAL ADvoCACY

T"'~... _.,..~~~J- n.nJ:-..-. M

707 NORTH FRANKLIN STREET, SUITE 700

TAMPA. FLORIDA 33602-4441

VIA Email: [email protected]

November 30, 2015

John M. Fitzgibbons, Statewide Chair

"John Fitzgibbons" <[email protected]>

Board Certified Criminal Trial Lawyer

From: Neil Gillespie <[email protected]>

----- Original Message ----From: Neil Gillespie

SUMMARY FOR APPLICATION FOR U.S. DISTRICT JUDGE

PRESENT ADDRESS & LENGTH OF RESDENCE IN FLORIDA:

MARITAL STATUS: Married

Juris Doctorate with High Honors

University of Florida, August 1997 to May 1999

Bachelor of Arts with High Honors

ADMITTED TO FLORIDA BAR: November 2, 2002

United States Middle District of Florida, August 24, 2006

United States Northern District of Florida, August 2, 2008

LEGAL POSITIONS HELD:

Division (July 20l2-present)

Ocala Division (ApriI2008-July 2012)

(June 2006-April 2008)

Washington, D.C. (August 2005-June 2006)

Circuit, Montgomery, Alabama (August 2004-August 2005)

District of Florida, Ocala Division (August 2002-August 2004)

PERCENTAGE OF APPEARENCES IN COURT:

criminal docket, likely:

PROFESSIONAL AND OTHER ACTIVITIES:

DECLARED BANKRUPTCY: No.

APPLICATION FOR U.S. DISTRICT JUDGE

Philip Raymond Aiello Lammens

Date and place of birth.

Names of your children, with age, and present occupation of each.

University of Florida, Gainesville, Florida. August 1997 to May 1999.

Bachelor of Arts with High Honors. GPA: 3.87.

Hofstra University, Hempstead, New York. August 1995 to August 1997.

United States Eleventh Circuit Court of Appeals, July 29, 2005

United States Ninth Circuit Court of Appeals, September 15, 2005

United States Middle District of Florida, August 24, 2006

United States Northern District of Florida, August 2, 2008

The Honorable Anne C. Conway,

Honorable Wm. Terrell Hodges

The Honorable Timothy J. Corrigan

Bryan Simpson U.S. Courthouse

300 North Hogan Street

Jacksonville, Florida 32202

35 SE 1st Avenue, Suite 300

Ocala, Florida 34471

202-616-5192 (DOJ office)

117 W. Duval Street, Suite 480

Jacksonville, Florida 32202