Embry Kidd SJQ Updated
Embry Kidd SJQ Updated
PUBLIC
2. P.osition: State the position for which you have been nominated.
3. Address: List current office address. If city and state of residence differs from your
place of employment, ple.ase list the city and state where you cunently reside.
5. Education: List in reverse chronological order each college, law school, or any other
institution of higher education attended and indicate for each the dates of attendance,
whether a degree was received, and the date each degree was received.
2000 - 2001, Central Alabama Community College; no degree received (high school dual
enrollment)
20 19 - present
United States District Court for the Middle District of Florida
401 West Central Boulevard
Orlando, Florida 32801
United States Magistrate Judge
2022 - present
Florida Agricultural and Mechanical University
College of Law
201 Beggs Avenue
Orlando, Florida 32801
Adjunct Professor
2014-2019
United States Attorney's Office for the Middle District of Florida
400 West Washington Street
Suite 3100
Orlando, Florida 32801
Assistant United States Attorney
2008-2009
U.S. Court of Appeals for the Fourth Circuit
1100 East Main Street
Richmond, Virginia 23219
Law Clerk for the Honorable Roger L. Gregory
2007 -2008
Yale University
Department of Political Science
115 Prospect Street
New Haven, Connecticut 06511
Teaching Fellow
Summer2006
U.S. Department of Justice
Federal Tort Claims Act Section
175 N Street, Northeast
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Washington, DC 20002
Summer Law Clerk
Summer 2002
DeKalb County Juvenile Court
4309 Memorial Drive
Decatur, Georgia 30032
Probation Intern
Fall 2002
Emory University
Goizueta School of Business
1300 Clifton Road
Atlanta, Georgia 30322
Financial Accounting Teaching Assistant to Professor Stanimir Markov
Summer 2001
National Bank of Commerce
308 North Martin Street
Pell City, Alabama
Teller Intern
7. Military Service and Draft Status: Identify any service in the U.S. Military, including
dates of service, branch of service, rank or rate, serial number (if different from social
security number) and type of discharge received, and whether you have registered for
selective service.
I did not serve in the military. I registered for the selective service upon turning 18.
8. Honors and Awards: List any scholarships, fellowships, honorary degrees, academic or
professional honors, honorary society memberships, military awards, and any other
special recognition for outstanding service or achievement.
U.S. Department of Justice - Organized Crime Drug Enforcement Task Force (OCDETF)
National Award (2020, for prior work as an Assistant United States Attorney)
Bureau of Alcohol, Tobacco, Firearms, and Explosives - Special Recognition (20 19)
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Emory University
Bachelor of Arts with High Honors (2005)
Robert W. Woodruff Scholar (merit-based scholarship for full tuition, room, and
board) (2001 - 2005)
Dean's List (2001 - 2005)
Emory Student Govemment Association, Treasurer and Assistant Treasurer
(2001 - 2005)
Emory Political Review, Co-founder, Editorial Board (2001 - 2005)
Emory Senior Honor Society (2004 - 2005)
Mortar Board Senior Honor Society, Secretary (2004 - 2005)
Emory Society of African-American Leaders, President and Secretary (2002 -
2005)
Pi Sigma Alpha Political Science Honor Society, President (2004 - 2005)
Minority Pre-Law Organization, Co-Founder and Vice President (2003 - 2005)
Unsung Hero Award, Emory Black Students Alliance (2005)
Emory University Media Council, Treasurer (2002 - 2003)
a. List the date(s) you were admitted to the bar of any state and any lapses in
membership. Please explain the reason for any lapse in membership.
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Virginia. 2008
In 2019, I changed my status with the Virginia bar to "Judicial," so while I remain
a member in good standing, I am currently ineligible to practice in the state. I
resigned my District of Columbia bar membership in 2019 because I no longer
expect to practice in the jurisdiction. There have been no lapses in membership.
b. List all courts in which you have been admitted to practice, including dates of
admission and any lapses in membership. Please explain the reason for any lapse
in membership. Give the same information for administrative bodies that require
special admission to practice.
11. Memberships:
Yale Law School Black Alumni Association, Vice President (2008 - 2014)
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implementation of membership policies. If so, describe any action you have taken
to change these policies and practices.
a. List the titles, publishers, and dates of books, articles, reports, letters to the editor,
editorial pieces, or other published material you have written or edited, including
material published only on the Internet. Supply four (4) copies of all published
material to the Committee.
SGA survey got a bad rap, THE E MORY W HEEL (Nov. 2, 2004). Copy supplied.
Upping the activity fee: What do you think?, THE EMORY WHEEL (Oct. 26, 2004).
Copy supplied.
b. Supply four (4) copies of any reports, memoranda or policy statements you
prepared or contributed in the preparation of on behalf of any bar association,
committee, conference, or organization of which you were or are a member. If
you do not have a copy of a report, memorandum or policy statement, give the
name and address of the organization that issued it, the date of the document, and
a summary of its subject matter.
None.
April 2003 -April 2005: I was Treasurer of the Emory University Student
Government Association ("SGA") at Emory University, Atlanta, Georgia, and I
delivered reports at SGA meetings. I am unable to locate any transcripts or
recordings of these reports or meetings.
d. Supply four (4) copies, transcripts or recordings of all speeches or talks delivered
by you including commencement speeches, remarks, lectures, panel discussions,
conferences, political speeches, and question-and-answer sessions. Include the
date and place where they were delivered, and readily available press reports
about the speech or talk. If you do not have a copy of the speech or a transcript or
recording of your remarks, give the name and address of the group before whom
the speech was given, the date of the speech, and a summary of its subject matter.
If you did not speak from a prepared text, furnish a copy of any outline or notes
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from which you spoke.
School visits: The Orlando Chapter of the Federal Bar Association arranges
numerous school visits to the Orlando federal courthouse each year, and I
participate in as many as my sch.::dule allows. I have no notes, transcripts, or
recordings. The Federal Bar Association's address is 25 East Pine Street, Orlando,
Florida 32801.
January 17, 2024: Panelist, Pathways to the Bench, Paul C. Perkins Bar
Association, Orlando, Florida. I spoke to the attendees about the selection process
for U.S. magistrate judges. I have no notes, transcript, or recording. The
organization's address is P.O. Box 1589, Orlando, Florida 32802.
November 17, 2023: Panelist, Judicial Academy, National Bar Association, Virgil
Hawkins Florida Chapter, Orlando, Florida. I spoke to the attendees about the
selection process for U.S. magistrate judges. I have no notes, transcript, or
recording. The organization's address is P.O. Box 3067, Orlando, Florida 32801.
August 4, 2023: Panelist, Basic Skills Judicial Panel, Florida Bar, Orlando,
Florida (virtual). Outline supplied.
May 19, 2023: Panelist, Settlement Conferences in Federal Court, Florida Bar,
Orlando, Florida (virtual). Outline supplied.
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nationwide event with local host cities, including Orlando, Florida. The purpose
was to discuss the selection process for U.S. magistrate and bankruptcy judges
and for interested persons to interact with the judges. I have no notes, transcript,
or recording. The address for the Administrative Office of the U.S. Courts is One
Columbus Circle, Northeast, Washington, DC 20544.
February 10, 2023: Federal Practice for the Occasional Practitioner, Federal Bar
Association, Orlando, Florida. Outline supplied.
January 19, 2023: Panelist, Civil Litigation, Florida Bar, Orlando, Florida. This
CLE discussed practice tips for attorneys engaged in federal civil litigation in
each of Florida's districts. I have no notes, transcript, or recording. The address
for the Florida Bar is 651 East Jefferson Street, Tallahassee, Florida 32399.
October 13, 2022: Moderator, An Interview with the U.S. Attorney's Office and
Federal Defender's Office, Federal Bar association, Orlando, Florida. Outline
supplied.
May 17, 2022: Co-Presenter, Lessons Learned from Trial, George C. Young
American Inn of Court, Orlando, Florida. Outline supplied.
April 29, 2022: Discovery Bootcamp, Federal Bar Association, Orlando, Florida.
Presentation supplied.
May 25, 2021: Commencement address, Vincent High School, Vincent, Alabama.
Notes supplied.
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May 20, 2021: Discovery Bootcamp, Federal Bar Association, Orlando, Florida.
Presentation supplied.
May 18, 2021: Co-Presenter, The Art of Effective Courtroom Advocacy, George
C. Young American Inn of Court, Orlando, Florida. My pupilage group presented
practice tips for each stage of a criminal and civil case. I have no notes, transcript,
or recording. The address for the American Inns of Court is 225 Reinekers Lane,
Suite 770, Alexandria, Virginia 22314.
July 24, 2020: Discovery Bootcamp, Federal Bar Association, Orlando, Florida.
Presentation supplied.
January 24, 2020: Meet the New Magistrate Judge, Federal Bar Association,
Orlando, Florida. Notes supplied.
January 8, 2020: Road to the Judiciary, Paul C. Perkins Bar Association, Orlando,
Florida. I spoke to the attendees about the selection process for U.S. Magistrate
Judges. I have no notes, transcript, or recording. The address for the Paul C.
Perkins Bar Association is P.O. Box 1589, Orlando, Florida 32802.
November 15, 2019: Investiture address, U.S. District Court for the Middle
District of Florida, Orlando, Florida. Notes supplied.
June 22, 2018: Panelist, Morning at the Federal Courthouse, Federal Bar
Association, Orlando, Florida. I discussed the role of an Assistant United States
Attorney to summer associates and interns. I have no notes, transcript, or
recording. The address for the Federal Bar Association is 25 East Pine Street,
Orlando, Florida 32801.
July 12, 2017, and two other times in 2017 and 2018 for which I cannot locate
dates: Panelist, Chasing the Dragon, U.S. Attorney's Office, Orlando, Florida. I
have no notes, transcript, or recording. However, I did provide an interview that is
available at https://newsroom.ocfl.net/media-gallery/video-gallery/2017/08/ocfl-
update-chasing-dragon-screening. I also was interviewed by a local news outlet. I
did not see or hear the interview, but I was told that it aired on NPR the following
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morning. The address for the U.S. Attorney's Office is 400 West Washington
Street, Orlando, Florida 32801.
June 23, 2017: Panelist, Morning at the Federal Courthouse, Federal Bar
Association, Orlando, Florida. I discussed the role of an Assistant United States
Attorney to summer associates and interns. I have no notes, transcript, or
recording. The address for the Federal Bar Association is 25 East Pine Street,
Orlando, Florida 3280 I.
November 16, 2016, and one other occasion for which I am unable to locate a
date, but in Fall 2017 or 2018: Panelist at Boone High School, Orlando, Florida. I
and other guest speakers discussed careers in law enforcement. I have no notes,
transcript, or recording. The U.S. Attorney's Office address is 400 West
Washington Street, Orlando, Florida 32801.
Orange County, Florida, Office for a Drug Free Community (July 12, 2017).
Available at https://newsroom.ocfl.net/media-gallery/video-gallery/20 I 7/08/ocfl-
update-chasing-dragon-screening. I also was interviewed that day by another
news outlet. I was told that it aired on the local National Public Radio station
(WMFE) the following morning, but am unable to obtain a transcript or recording.
Ronald Holmes, What Career Path Can Lead to Being an Attorney at a Large
Law Firm?, THE HOLMES EDUC. POST (July 23, 2012). Copy supplied.
Podcasts, "Emerging Issues in State Law" and "Justice 'Promptly, and Without
Delay': Court Reform and Judicial Independence," Yale Law Journal (Mar. 31,
2008). Recordings available at https://itunes.apple.com/gb/itunes-u/yale-law-
journal/id341654179?mt= 10. (The latter recording is my reading of an article by
Chief Justice Margaret Marshall of the Supreme Judicial Court.)
Isaac Arnsdorf, On-campus Housing for Law Students Dwindles, YALE DAILY
NEWS (Feb. 7, 2008). Copy supplied.
Andrew Mangino, Law Faculty Rates High in Diversity, YALE DAILY NEWS (Mar.
21, 2006). Copy supplied.
Chris Megerian, SGA considers shifting legal funds to sports, THE EMORY WHEEL
(Feb. 4, 2005). Copy supplied.
Leigh Friedman, Freshmen start new political magazine, THE EMORY WHEEL
(Apr. 26, 2002). Copy supplied.
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Nidhi Jain, New shuttles service Clairmont, aid more students, THE EMORY
WHEEL (Apr. 19, 2002). Copy supplied.
13. Judicial Office: State (chronologically) any judicial offices you have held, including
positions as an administrative law judge, whether such position was elected or appointed,
and a description of the jurisdiction of each such court.
Since July 25, 2019, I have served as a United States Magistrate Judge on the United
States District court for the Middle District of Florida. I was selected for that position
following a two-stage process. In the first stage, members of a merit selection panel
comprised of lawyers and non-lawyers chose five finalists. In the second stage, the
United States District Judges of the Middle District of Florida made the final selection
from the five finalists. I am currently serving an eight-year renewable term.
The United States District Court for the Middle District of Florida is an Article III court
of limited jurisdiction, and the jurisdiction of United States Magistrate Judges is
governed by 28 U.S.C. §§ 636-639. I preside over a docket that consists of both civil and
criminal matters. I enter orders that rule on non-dispositive motions in my assigned cases,
and I enter reports and recommendations to United States District Judges concerning
dispositive motions that are referred to me by those judges. I preside over all phases of
civil cases, including civil jury and non-jury trials when the parties consent to my
exercise of jurisdiction. I conduct initial appearances, arraignments, detention hearings,
preliminary hearings, competency hearings, and change of plea hearings in criminal
cases. I also review and authorize search warrants, criminal complaints, arrest warrants,
pen-trap requests, and nondisclosure orders while on the criminal duty rotation.
Additionally, I preside over settlement conferences, central violation bureau citation
proceedings, and naturalization ceremonies. The Middle District of Florida also has a
heavy docket of appeals from the Social Security Administration, which requires a
review of the underlying administrative record, and I typically enter final orders in those
by the consent of the parties.
a. Approximately how many cases have you presided over that have gone to verdict
or judgment?
I have not presided over any cases that have gone to verdict or judgment.
jury trials: %
bench trials: _ % [total 100%]
civil proceedings: %
criminal proceedings: _% [total 100%]
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b. Provide citations for all opinions you have written, including concurrences and
dissents.
c. For each of the 10 most significant cases over which you presided, provide: (1) a
capsule summary of the nature of the case; (2) the outcome of the case; (3) the
name and contact information for counsel who had a significant role in the trial of
the case; and (4) the citation of the case (if reported) or the docket number and a
copy of the opinion or judgment (if not reported).
I. Action Nissan, Inc. v. Hyundai Motor America Corp., Case No. 6:21-cv-2152
(M.D. Fla.): 2023 WL 4493962 (M.D. Fla. June 16, 2023); 2023 WL 5205953
(M.D. Fla. Aug. 14, 2023); 2023 WL 5352476 (M.D. Fla. Aug. 21, 2023);
2023 WL 6794283 (M.D. Fla. Oct. 13, 2023); 2023 WL 7017348 (M.D. Fla.
Oct. 25, 2023)
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Suite 400
Tallahassee, FL 32301
(850) 681-6810
Christopher C. Genovese
Jonathan M. Knicely
Nelson Mullins Riley & Scarborough LLP
1320 Main Street, 17th Floor
Columbia, SC 29201
(803) 255-9543
Todd K. Norman
Nelson Mullins Riley & Scarborough LLP
390 North Orange Avenue
Suite 1400
Orlando, FL 32801
(407) 839-4200
David B. Massey
Sarah Jayne Cohen
Hogan Lovells US LLP
600 Brickell Avenue, Suite 2700
Miami, FL 33131-3085
(305) 459-6500
John J. Sullivan
Hoga:n Lovef!s US LLP
390 Madison Avenue
New York, NY 10017
(212) 918-3635
2. Adacel, Inc., et al. v. Adsync Technologies, Inc., Case No. 6: l 8-cv-1176, 2020
WL 6382618 (M.D. Fla. July 21, 2020)
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Suite 1401
Orlando, FL 32801
(407) 841-2330
This was a case in which the parties consented to trial before me. Two plaintiffs
filed suit against individuals who allegedly violated the plaintiffs' copyrights by
distributing explicit images of them without their permission. The case involved
the plaintiffs' efforts to ascertain the identities of the John Doe defendants, the
parties' discovery issues during the COVID-19 pandemic, and the complication of
a parallel criminal investigation. After briefing on a John Doe defendant's motion
to quash the plaintiffs' subpoenas issued to internet service providers, I denied the
motion and determined that the plaintiffs were entitled to ascertain the identities
of the John Doe defendants. The plaintiffs settled with one defendant, and I
entered default judgment against another defendant who was facing criminal
charges relating to the underlying conduct.
4. Local Access, LLC v. Peer/es~ Network, Inc., Case No. 6: 17-cv-236 (M.D.
Fla.): 2023 U.S. Dist. LEXIS 94921 (M.D. Fla. May 31, 2023); 2023 WL
3751977 (M.D. Fla. May 4, 2023); 2023 WL 3995013 (M.D. Fla. June 14,
2023); 2023 WL 4562549 (M.D. Fla. July 17, 2023); 2023 WL 4847587
(M.D. Fla. July 28, 2023); 2023 WL 5153486 (M.D. Fla. Aug. 10, 2023);
2023 WL 5672205 (M.D. Fla. Sept. 1, 2023); 2023 WL 5983820 (M.D. Fla.
Sept. 14, 2023); 2023 WL 6463468 (M.D. Fla. Oct. 4, 2023); 2023 WL
7221415 (M.D. Fla. Nov. 2, 2023); 2023 WL 7551794 (M.D. Fla. Nov. 14,
2023); 2023 WL 8452003 (M.D. Fla. Dec. 6, 2023); 2020 WL 13575059
(M.D. Fla. Mar. 27, 2020); 2022 WL 3646055 (M.D. Fla. July 26, 2022);
2022 WL 17452314 (M.D. Fla. Dec. 6, 2022); 2022 WL 17586031 (Dec. 12,
2022); 2022 U.S. Dist. LEXIS 236881 (M.D. Fla. Nov. 2, 2022); 2023 WL
2787368 (M.D. Fla. Apr. 5, 2023); 2023 \.VL 2817554 (M.D. Fla. Apr. 6,
2023); 2023 WL 3043643 (M.D. Fla. Apr. 21, 2023); 2023 WL 3058655
(M.D. Fla. Apr. 24, 2023); 2021 WL 1819230 (M.D. Fla. Jan. 6, 2021), R. &
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R. adopted, 2021 WL 8200193; 2021 WL 9613924 (M.D. Fla. Jan. 6, 2021),
R. & R. adopted, 2021 WL 9599892
This case involves an alleged breach of contract relating to a right of first refusal
between two telecommunications companies, and the decision by one company to
enter into an agreement with a competitor. In this case, I have handled all
discovery matters since my appointment. The underlying case was stayed for
approximately two years to address an alleged violation of the pru.ties' protective
order and the resulting sanctions. That phase was concluded with my reports and
recommendations regru.·ding the sanctions that should issue, including the payment
of more than $1 million in attorneys' fees to the plaintiff due to the defendants'
violations of the protective order. The presiding district judge adopted my
recommendation in full. Since then, I have resolved multiple motions regarding
the scope of the communications data that each side is required to produce. The
case is scheduled for trial on October 7, 2024.
Lee W. Marcus
Ernest J. Myers
Marcus & Myers, PA
6150 Metrowest Boulevard
Suite 208
Orlando, FL 32835
(407) 447-2550
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Henry T. Kelly
Catherine E. James
Kelley, Drye & Warren LLP
333 West Wacker Drive
Suite 2600
Chicago, IL 60606
(312) 857-2350
Stephen R. Brown
Lauren Breen Wright
Matthew Hunter Griffin
Christopher J. Esbrook
Esbrook P.C.
321 North Clark Street, Suite 1930
Chicago, IL 60654
(312) 319-7680
Daniel P. Schaefer
Esbrook P.C.
800 Maine Avenue, Southwest
Suite 200
Washington, DC 20024
(312) 319-7689
Yvette M. Pace
Kubicki Draper
201 South Orange Avenue, Suite 475
Orlando, FL 32801
(407) 245-3630
This was an action seeking a declaratory judgment that the plaintiff had not
violated Michelin's trademarks by modifying the sidewall of certain tires and then
reselling them, as modified, to the public. I issued a report and recommendation
on the motion to dismiss and found that the court lacked personal jurisdiction as
to the primary defendant. The district judge adopted my recommendation, and the
remaining parties eventually settled the matter.
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55 1st Street South
St. Petersburg, FL 33701
(727) 898-8100
Patrick W. Kelly
Snell & Wilmer, LLP
350 South Grand Avenue
Suite 3100
Los Angeles, CA 90071
(213) 929-2500
Melissa Alcantara
Leason Ellis LLP
1 Barker Avenue
White Plains, NY 10601
(914) 821-9079
The plaintiff in this case appealed the Social Security Administration's denial of
social security benefits and also raised a separation of powers argument based on
the Supreme Court case Seila Law LLC v. Consumer Financial Protection
Bureau, 140 S. Ct. 2183 (2020). The plaintiff argued that the statutory removal
provisions concerning the Commissioner of Social Security violated the
constitution in the same way that the Supreme Court found a constitutional
violation regarding the statutory removal provisions for the Director of the
17
Consumer Financial Protection Bureau. I agreed with the plaintiff as to the
constitutional violation, but ultimately found that the plaintiff had not established
compensable harm or entitlement to remand, and that the properly appointed
Acting Commissioner had ratified the appointment of the administrative law
judge who considered the plaintiffs claim. Therefore, I recommended that the
constitutional challenge be dismissed, and my recommendation was adopted by
the presiding district judge. Afterward, the parties' consented to my jurisdiction,
and I reversed and remanded the case to the Social Security Administration based
on the remaining substantive issue that the plaintiff raised.
Nadine Elder
Social Security Administration
61 Forsyth Street Southwest
Atlanta, GA 30303
(404) 562-1028
7. Reguena v. Doug Connor, Inc., et al. , Case No. 6:20-cv- 1670, 2022 WL
17609073 (M.D. Fla. Dec. 13, 2022)
This was a Fair Labor Standards Act collective action in which the parties
consented to trial before me. The plaintiff alleged that he and others similarly
situated to him worked as grapple truck drivers for the defendants and were not
properly compensated for overtime that they worked. I handled all aspects of the
case, including conditional certification of the class. I eventually denied the
defendants' motion for summary judgment and granted in part the plaintiffs
motion for summary judgment, leaving the issues of liquidated damages and the
applicable statute of limitations for trial. The case then settled.
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Matthew Ryan Gunter
James J. Henson
Morgan & Morgan, P.A.
20 North Orange Avenue
Suite 1600
Orlando, FL 32801
(407) 420-1414
The underlying criminal conviction in this case was for misdemeanor drug
possession, and the defendant consented to sentencing by a magistrate judge in a
different district. I received the case on a probation violation based on a state
battery charge and the defendant's drug use, and I was the sentencing judge for
the probation violation. I sentenced him to 60 hours of community service, and
with close collaboration between the court, the defendant, the U.S. Attorney's
Office, and the U.S. Probation Office, the defendant ultimately successfully
completed his community service and period of probation.
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9. United States v. Yester-Garrido, Case No. 6: 17-cr-238, Docs. 60 (M.D. Fla.
Jan. 8, 2020); 149 (M.D. Fla. July 8, 2020); 193 (M.D. Fla. July 31, 2020).
Copies supplied.
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Erin Brenna Hyde
Thomas C. Allison, P.A.
121 South Orange A venue
Suite 840
Orlando, FL 32801
(407) 720-7642
10. Wyndham Vacation Ownership et al. v. Slattery, Sobel & Decamp, LLP, et al.,
Case No. 6:19-cv-1908 (M.D. Fla.): 2020 WL 13595868 (M.D. Fla. Aug. 21,
2020); 2020 WL 13862027 (M.D. Fla. Sept. 16, 2020); 2020 WL 5876951
(M.D. Fla. Oct. 2, 2020); 2020 WL 13862054 (M.D. Fla. Oct. 7, 2020); 2020
WL 13862029 (M.D. Fla. Nov. 6, 2020); 2021 WL 4948121 (M.D. Fla. Sept.
10, 2021); 2021 WL 4948122 (M.D. Fla. Oct. 7, 2021); 2021 WL 5275700
(M.D. Fla. Nov. 10, 2021), R. & R. adopted, 2022 WL 291787 (M.D. Fla. Jan.
18, 2022); 2021 WL 6125522 (M.D. Fla. Nov. 18, 2021); 2021 WL 11726102
(M.D. Fla. Nov. 22, 2021); 2021 WL 9779418 (M.D. Fla. Dec. 23, 2021);
2022 WL 21374382 (M.D. Fla. Feb. 2, 2022); 2022 WL 1619376 (M.D. Fla.
Apr. 5, 2022); 2022 WL 17474765 (M.D. Fla. Apr. 6, 2022); 2022 WL
1619241 (M.D. Fla. Apr. 21, 2022); 2022 WL 17463335 (M.D. Fla. May 16,
2022); 2022 WL 20113284 (M.D. Fla. July 22, 2022); 2022 WL 8217011
(M.D. Fla. July 22, 2022); 2022 WL 9964898 (M.D. Fla. Oct. 17, 2022); 2022
WL 11210784 (M.D. Fla. Oct. 19, 2022); 2022 WL 17417109 (M.D. Fla. Dec.
5, 2022); 2022 WL 17541230 (M.D. Fla. Dec. 8, 2022); 2023 WL 6458846
(M.D. Fla. Oct. 4, 2023); 2023 WL 7475622 (M.D. Fla. Oct. 10, 2023).
This was an action in which a timeshare company sued several individuals and
entities associated with the timeshare-exit industry. The allegations concern false
advertising, in violation of the Lanham Act, 15 U.S.C. § 1125(a)(l); contributory
false advertising, in violation of 15 U.S.C. § 1125(a)(l); tortious inte1ference with
contractual relations; violation of Florida's Deceptive and Unfair Trade Practices
Act; and civil conspiracy to commit tortious interference.
I handled all pretrial discovery matters, and the case involved several complex
discovery issues, including a motion for sanctions for violations of attorney-client
privilege, for which I awarded the defendants their attorneys' fees. I also
recommended that the court enter a default against a defendant for several willful
discovery violations, including the withholding of nearly two million documents
after the discovery deadline. The presiding district judge adopted my
recommendations. Plaintiffs prevailed at trial and were awarded disgorgement
damages and a permanent injunction.
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Shutts & Bowen, LLP
300 South Orange Avenue
Suite 1600
Orlando, FL 32801
(407) 835-6755
Christian Leger
Morgan & Morgan, P.A.
20 North Orange Avenue
Suite 1600
Orlando, FL 32801
(689) 256-2102
W. Scott Gabrielson
Brian L. Wagner
Dinsmore & Shohl, LLC
225 East Robinson Street
Suite 600
Orlando, FL 32801
(407) 425-9044
Daniel Desouza
DeSouza Law, PA
3111 North University Drive
Suite 301
Coral Springs, FL 33065
(954) 603-1340
David A. Klein
Law Offices of David Alan Klein, P.C.
10 Grove Street
Haddonfield, NJ 08033
(856) 428-3383
Patrick A. Bradford
Bradford Edwards & Varlack LLP
12 East 49th Street, 11th Floor
22
New York, NY 10017
(917) 671-9406
John Y. Benford
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
111 North Orange Avenue
Suite 1200
Orlando, FL 32801
(407) 203-7594
d. For each of the 10 most significant opinions you have written, provide: (1)
citations for those decisions that were published; (2) a copy of those decisions that
were not published; and (3) the names and contact information for the attorneys
who played a significant role in the case.
Nadine Elder
Social Security Administration
61 Forsyth Street Southwest
Atlanta, GA 30303
(404) 562- 1028
2. Wyndham Vacation Ownership et al. v. Slattery, Sobel & Decamp, LLP, et al.,
Case No. 6:19-cv-1908, 2021 WL 5275700 (M.D. Fla. Nov. 10, 2021), R. &
R. adopted, 2022 WL 291787 (M.D. Fla. Jan. 18, 2022)
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Counsel for Plaintiffs
Christian Leger
Morgan & Morgan, P.A.
20 North Orange A venue
Suite 1600
Orlando, FL 32801
(689) 256-2102
W. Scott Gabrielson
Brian L. Wagner
Dinsmore & Shohl, LLC
225 East Robinson Street
Suite 600
Orlando, FL 32801
(407) 425-9044
Daniel DeSouza
Desouza Law, PA
3111 North University Drive
Suite 301
Coral Springs, FL 33065
(954) 603-1340
David A. Klein
Law Offices of David Alan Klein, P.C.
10 Grove Street
Haddonfield, NJ 08033
24
(856) 428-3383
John Y. Benford
Wilson, Elser, Moskowitz, Edelman & Dicker, LLP
111 North Orange Avenue
Suite 1200
Orlando, FL 32801
(407) 203-7594
Andrew Kemp-Gerstel
Samuel Jason Warman
Liebler, Gonzalez & Portuondo, PA
44 West Flagler Street
Suite 2500
Miami, FL 33130
(305) 379-0400
Roy Taub
Greenspoon Marder, PA
Suite 1800
200 East Broward Boulevard
Fort Lauderdale, FL 33301
(954) 527-6231
25
S. Elizabeth King
Tirso M. Carreja, Jr.
Shutts & Bowen, LLP
4301 West Boy Scout Boulevard
Suite 300
Tampa, FL 33607
(813) 229-8900
Robert C. Weill
GrayRobinson, PA
401 East Las Olas Boulevard
Suite 1000
Fort Lauderdale, FL 33303
(954) 713-7813
26
O'Connor & O'Connor, LLC
800 North Magnolia A venue
Suite 1350
Orlando, FL 32803
(407) 843-2100
Derek J. Angell
O'Connor, Haftel & Angell, PLLC
800 North Magnolia Avenue, Smte 1350
Orlando, FL 32803
(407) 843-2100
Gera R. Peoples
NextEra Energy Resources
700 Universe Boulevard
Juno Beach, FL 33408
(561) 304-6742
27
Ta'Ronce M. Stowes
Federal Public Defender's Office
150 West Flagler Street
Suite 1500
Miami, FL 33130
(305) 530-7000
David S. Sellman
SellmanHoff, LLC
2201 Old Court Road
Baltimore, MD 21208
(410) 332-4151
Lee W. Marcus
Ernest J. Myers
Marcus & Myers, PA
6150 Metrowest Boulevard
Suite 208
Orlando, FL 32835
(407) 447-2550
Dennis R. O'Connor
O'Connor, Haftel & Angell, PLLC
800 North Magnolia Avenue
Suite 1350
Orlando, FL 32803
(407) 843-2100
Henry T. Kelly
Kelley, Drye & Warren LLP
333 West Wacker Drive
28
Suite 2600
Chicago, IL 60606
(312) 857-2350
Patrick W. Kelly
Snell & Wilmer, LLP
350 South Grand Avenue
Suite 3100
Los Angeles, CA 90071
(213) 929-2500
Michael J. Wiggins
Colby Nicole Ferris
Courtney Michelle King
McDonald Toole Wiggins, PA
111 North Magnolia A venue
Suite 1200
Orlando, FL 32801
(407) 246-1800
Melissa Alcantara
Leason Ellis LLP
1 Barker Avenue
White Plains, NY 10601
(914) 821-9079
29
9. Randall et al. v. Offplan Millionaire AG et al., Case No. 6: 17-cv-02103, 2020
WL 2365258 (M.D. Fla. Apr. 21 , 2020), R. & R. adopted, 2020 WL 2331222
(M.D. Fla. May 11, 2020)
10. Balassiano v. Fogo De Chao Churrascaria (Orlando) LLC, et al., Case No.
6:19-cv-2140, 2020 WL 7365264 (M.D. Fla. Dec. 15, 2020), R. & R. adopted,
2021 WL 2019722 (M.D. Fla. Jan. 7, 2021)
Carlos V. Leach
The Leach Firm, P.A.
1560 North Orange A venue
Suite 600
Winter Park, FL 32789
(407) 574-4999
30
PaulJ.Scheck
Mary Ruth Houston
Shutts & Bowen, LLP
300 South Orange Avenue
Suite 1600
Orlando, FL 32801
(407) 423-3200
Sterlingv. De La Rosa, Case No. 6:21-cv-723, 2021 WL 3134723 (M.D. Fla. June
8, 2021), aff'd, 2022 WL 2112091 (M.D. Fla. Feb. 2, 2022), mandamus denied,
2022 WL 2092887 (11th Cir. Mar. 9, 2022), cert. denied, 143 S. Ct. 2431 (May 1,
2023)
f. Provide a brief summary of and citations for all of your opinions where your
decisions were reversed by a reviewing court or where your judgment was
affirmed with significant criticism of your substantive or procedural rulings. If
any of the opinions listed were not officially reported, provide copies of the
opinions.
31
denial of attorneys' fees was a sufficient sanction and declined to award further
sanctions.
Parks v. Ivey et al., Case No. 6:2 l-cv-1079, 2022 WL 2838313 (M.D. Fla. Mar.
11, 2022), R. & R. adopted in part and rejected in part, 2022 WL 2838312 (M.D.
Fla. June 13, 2022). In this this civil rights action, the district judge largely
adopted my reasoning as to why plaintiffs claims should be dismissed, but
allowed the plaintiff an additional opportunity to replead her claims to avoid
dismissal based on qualified immunity and sovereign immunity.
Wickboldt v. Mass. Mut. Life Ins. Co., 2021 WL 4393257 (M.D. Fla. July 26,
2021), R. & R. adopted in part and rejected in part, 2021 WL 4438374 (M.D. Fla.
Sept. 28, 2021). Under Florida law, a party is entitled to attorneys' fees in certain
circumstances if it makes an "offer of judgment" that is not accepted. The district
judge disagreed with my assessment of whether the defendant's offer of judgment
was valid, but agreed with my recommendation to reduce the amount of
attorneys' fees that the defendant sought.
United States v. Mandras et al., Case No. 6:20-cv-164, 2021 WL 3508095 (M.D.
Fla. Jan. 6, 2021 ), R. & R. adopted in part and rejected in part, 202 l WL
3508090 (M.D. Fla. Mar. IO, 2021). The district judge adopted my
recommendation as to plaintiffs motion for default judgment, but found that
default judgment should be entered against an additional defendant based on
information presented in the objection to my report and recommendation.
Liv. Roger Holler Chevrolet Co., et al., Case No. 6:19-cv-1249, 2020 WL
4740522 (M.D. Fla. Mar. 13, 2020), R. & R. adopted in part and rejected in part,
2020 WL 2537781 (M.D. Fla. May 19, 2020). After an evidentiary hearing, I
recommended that the district judge find that the plaintiffs claims should be sent
to arbitration. The district judge adopted in part and rejected in part my report and
recommendation, finding that plaintiffs claims were outside of the arbitration
agreement.
32
have been analyzed under the Florida statute governing service of process on
LLCs rather than corporations.
To my knowledge, all of my orders and opinions are entered into the court's
electronic case filing system (CM/ECF) and accessible to the public. Of my
approximately 13,700 decisions, approximately 900 appear to be available on
legal databases such as Westlaw or Lexis, and five have been published in official
reporters.
1. Provide citations to all cases in which you sat by designation on a federal court of
appeals, including a brief summary of any opinions you authored, whether
majority, dissenting, or concurring, and any dissenting opinions you joined.
14. Recusal: If you are or have been a judge, identify the basis by which you have assessed
the necessity or propriety ofrecusal (If your court employs an "automatic" recusal system
by which you may be recused without your knowledge, please include a general
description of that system.) Provide a list of any cases, motions or matters that have
come before you in which a litigant or party has requested that you recuse yourself due to
an asserted conflict of interest or in which you have recused yourself sua sponte. Identify
each such case, and for each provide the following information:
33
a. whether your recusal was requested by a motion or other suggestion by a litigant
or a party to the proceeding or by any other person or interested party; or if you
recused yourself sua sponte;
b. a brief description of the asserted conflict of interest or other ground for recusal;
d. your reason for recusing or declining to recuse yourself, including any action
taken to remove the real, apparent or asserted conflict of interest or to cure any
other ground for recusal.
The Middle District of Florida's Clerk's Office maintains a conflicts list that I regularly
update with financial conflicts. Additionally, I have recused myself from the following
cases, pursuant to 28 U.S.C. § 455, either by notice from the United States, based on prior
involvement in the case or knowledge of the case gained while I was an Assistant United
States Attorney, or sua sponte:
34
I declined to recuse myself in the following cases because there was no statutory or
ethical basis to do so:
Deppe v. Sovinski et al., Case No. 6:23-cv-1484 (M.D. Fla.). The prose plaintiff sought
my recusal because he believed that his motions were not being ruled upon quickly
enough. I declined to recuse myself, citing case law that establishes that dissatisfaction
with rulings is an insufficient basis for recusal.
Konieczko et al. v. Orange County et al., Case No. 6:23-cv-2109 (M.D. Fla.). The prose
plaintiffs filed a motion seeking my recusal because I denied their motion for a temporary
restraining o(der. I declined to recuse myself, citing case law that establishes that
dissatisfaction with rulings is an insufficient basis for recusal.
Simpson v. U.S. Government et al., Case No. 6:22-cv-66 (M.D. Fla.). The prose plaintiff
filed a motion seeking my recusal because he was suing the United States and I had been
employed as an Assistant United States Attorney at the time the underlying events
occurred. I declined to recuse myself because the underlying events involved the
Department of Veterans Affairs, and I had no involvement with the events at that agency
or decisions concerning those events.
Taveras et al. v. Bank ofAmerica, NA., et al., Case No. 6:21-cv-189 (M.D. Fla.). The pro
se plaintiffs filed a motion seeking my recusal because they believed that defendants
were attempting to delay the proceedings and that rulings were not being issued quickly
enough. I declined to recuse myself, citing case law that establishes that dissatisfaction
with rulings is an insufficient basis for recusal. Plaintiffs subsequently filed a motion
seeking my recusal because of my past employment with Williams & Connolly LLP,
arguing that the firm's representation of financial institutions presented a conflict. I
declined to recuse myself, citing case law and noting that I had not been employed by the
firm during the time period at issue.
a. List chronologically any public offices you have held, other than judicial offices,
including the terms of service and whether such positions were elected or
appointed. If appointed, please include the name of the individual who appointed
you. Also, state chronologically any unsuccessful candidacies you have had for
elective office or unsuccessful nominations for appointed office.
None.
b. List all memberships and offices held in and services rendered, whether
compensated or not, to any political party or election committee. If you have ever
held a position or played a role in a political campaign, identify the particulars of
the campaign! including the candidate, dates of the campaign, your title and
responsibilities.
35
None.
a. Describe chronologically your law practice and legal experience after graduation
from law school including:
1. whether you served as clerk to a judge, and if so, the name of the judge,
the court and the dates of the period you were a clerk;
11. whether you practiced alone, and if so, the addresses and dates;
iii. the dates, names and addresses of law firms or offices, companies or
governmental agencies with which you have been affiliated, and the nature
of your affiliation with each;
2009 - 2014
Williams & Connolly LLP
680 Maine Avenue, Southwest
Washington, DC 20024
Associate Attorney
2014-2019
United States Attorney's Office for the Middle District of Florida
400 West Washington Street
Suite 3100
Orlando, Florida 32801
Assistant United States Attorney
b. Describe:
i. the general character of your law practice and indicate by date when its
character has changed over the years.
36
In 2009, following my clerkship, I joined Williams & Connolly LLP as an
associate attorney. I litigated a variety of complex federal and state civil
cases. I also represented a pro bono client in two jury trials and argued a
direct appeal before the Maryland Court of Special Appeals.
In 2014, I joined the United States Attorney's Office for the Middle
District of Florida as an Assistant United States Attorney. I investigated
and prosecuted individuals for violations of federal criminal law, including
public corruption, wire and mail fraud, financial crimes, violent crimes,
crimes against children, and narcotics importation and distribution. For
cases in which appeals were filed, I worked closely with attorneys in the
office's appellate division to assist them with the factual record and the
arguments made at the trial level. I typically reviewed each appellate brief
prior to filing and provided feedback to the appellate attorney regarding
the factual and legal arguments presented.
11. your typical clients and the areas at each period of your legal career, if
any, in which you have specialized.
c. Describe the percentage of your practice that has been in litigation and whether
you appeared in court frequently, occasionally, or not at all. If the frequency of
your appearances in court varied} describe such variance, providing dates.
37
d. State the number of cases in courts of record, including cases before
administrative law judges, you tried to verdict, judgment or final decision (rather
than settled), indicating whether you were sole counsel, chief counsel, or associate
counsel.
e. Describe your practice, if any, before the Supreme Court of the United States.
Supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, any
oral argument transcripts before the Supreme Court in connection with your
practice.
I did not practice before the Supreme Court of the United States.
17. Litigation : Describe the ten ( 10) most significant litigated matters which you personally
handled, whether or not you were the attorney of record. Give the citations, if the cases
were reported, and the docket number and date if unreported. Give a capsule summary of
the substance of each 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:
b. the name of the court and the name of the judge or judges before whom the case
was litigated; and
1. United States v. Conage, Case No. 6:17-cr-28-Orl-l 8GJK (M.D. Fla.), certifying
question, 976 F.3d 1244 (11th Cir. 2020), answering certified question, 346 So. 3d
594 (Fla. 2022), and aff'd, 50 F.4th 81 (11th Cir. 2022)
This case involved the prosecution of an individual with a lengthy criminal history for
dealing multiple types of narcotics from an apartment complex while armed. The
defendant was convicted after a trial and sentenced to 15 years of imprisonment. The case
presented the novel legal question of whether Florida's cocaine trafficking statute, which
38
included "purchasing" as an element, qualified as a "serious drug offense" for the Armed
Career Criminal Act. Due to the number of defendants charged under the statute, "the
significance of the answer to this question [was] enormous." United States v. Conage,
976 F.3d 1244, 1248 (11th Cir. 2020). The U.S. Court of Appeals for the Eleventh Circuit
certified to the Florida Supreme Court the question of whether "purchasing" under the
Florida statute necessarily entailed the manufacture, distribution, or possession with the
intent to distribute a controlled substance under federal law, which was necessary to
qualify as a serious drug offense. The Florida Supreme Court answered that question in
the affirmative, and the Eleventh Circuit affirmed the defendant's conviction.
I made the initial legal argument at the trial level and consulted extensively with the
appellate division of the U.S. Attorney's Office during the drafting and filing of the initial
appeal.
Opposing Counsel
This investigation involved a conspiracy among several individuals who were shipping
dozens of kilograms of cocaine from Puerto Rico to the Orlando area and then
distributing the drugs in the Orlando area. After months of investigation, including court-
authorized wiretaps, agents with the Drug Enforcement Administration seized several
kilograms of cocaine and fentanyl, as well as firearms and ammunition used in
furtherance of the conspiracy. I was the sole prosecutor on the case, and was responsible
for obtaining the wiretaps, search warrants, criminal complaints, indictment, and plea
agreements. All defendants pleaded guilty and received sentences ranging from 32 to 168
months of imprisonment.
Opposing Counsel
39
415 North Orange A venue
Orlando, FL 32801
(407) 836-2400
Co-counsel
40
Roger Bernard Handberg, III
U.S. Attorney's Office
Suite 3100
400 West Washington Street
Orlando, FL 32801
(407) 648-7500
Opposing Counsel
A. Brian Phillips
A. Brian Phillips, PA
912 Highland Avenue
Orlando, FL 32803
(407) 872-0777
Opposing Counsel
41
Karla M. Reyes (for Hampton)
Federal Public Defender's Office
201 South Orange Avenue
Suite 300
Orlando, FL 32801
(407) 648-6338
This investigation targeted Larex, Inc., a commercial truck driving school that marketed
itself online to Russian speakers. Individuals residing out of state seeking to obtain
Florida commercial driver licenses ("CDLs") contacted Larex's owner, Medvednik, to
arrange for Larex's services. Those individuals then traveled to Florida to obtain their
CDLs with the intention ofreturning to their home states immediately afterward.
However, to obtain a Florida CDL, an individual must first possess a Florida driver
license. The State of Florida restricts its driver licenses and CD Ls to Florida residents.
The Larex conspirators provided false residency documentation to allow the individuals
to obtain Florida driver licenses.
Larex also assisted the students with additional requirements for obtaining a CDL. For
instance, one co-conspirator, using covert communication equipment, provided answers
to the students during the written portion of the CDL exam, the successful completion of
which led to the issuance of a commercial learner's permit.
I was the sole prosecutor on the case, and none of the individuals charged went to trial. I
was responsible for authorizing the undercover investigation, obtaining the search
warrant, filing the criminal complaint, obtaining the indictment, and negotiating the plea
agreements. I voluntarily dismissed charges against one individual once additional
information came to light regarding that person's involvement. The remaining individuals
received sentences ranging from 6 to 12 months of imprisonment. Moreover, as a result
of this investigation and to ensure the public's safety, the State of Florida required
42
hundreds of CDL holders associated with Larex and its affiliates to be retested to ensure
that they were properly certified.
Opposing Counsel
This was an investigation of a parent who molested and distributed explicit images of his
young children. The investigation began when an FBI task force officer, acting in an
undercover capacity, posted an advertisement on a website frequented by individuals who
have a sexual interest in children and incest. Guite responded to the advertisement and,
during the ensuing conversation, sent the agent sexually explicit images of a young boy.
Subsequently, FBI agents executed a federal search warrant at Guite's residence. During
an interview, he admitted to manufacturing, possessing, and distributing sexually explicit
images of minor children. A search and subsequent analysis of Guite's smart phone and
computer revealed hundreds of sexually explicit images and videos of young children. I
was responsible for obtaining the search warrants, filing the criminal complaint,
obtaining the indictment, and negotiating the plea agreement. I also worked with the
office's victim-witness coordinator to assist the victims. The defendant was sentenced to
43
65 years of imprisonment. On appeal, the U.S. Court of Appeals for the Eleventh Circuit
affirmed the conviction.
Opposing Counsel
7. Lehman Brothers Holdings Inc. v. Intel Corp., Case No. 1:13-ap-01340 (Bankr.
S.D.N.Y.)
In this case, Williams & Connolly LLP represented Intel Corp. in a matter arising from
the 2008 financial crisis. Specifically, the case involved an agreement by which Lehman
would execute a stock repurchase on behalf of Intel in 2008. However, the financial
collapse occurred in the midst of the transaction, and Intel claimed that Lehman owed the
$1 billion that Intel prepaid Lehman to engage in the transaction. Ultimately, the case
settled following proposed findings of fact and conclusions of law by the bankruptcy
judge in favor of Intel. I was an associate on the case from approximately 2010 through
2014, and I was involved in all aspects of the case until my departure from the firm,
including drafting and responding to discovery requests, preparing witnesses for
depositions, and drafting discovery motions.
Co-counsel
James Weingarten
Federal Trade Commission
600 Pennsylvania Avenue, Northwest
Washington, DC 20580
(202) 326-3570
44
Opposing Counsel
Jayant Tambe
Robert Gaffey
Jones Day
250 Vesey Street
New York, NY 10281
(212) 326-3939
8. A1\1 General LLC v. BAE Systems, Inc., Case No. 71D07-0907-PL00195 (Super. Ct.
St. Joseph Cnty. Ind.)
Co-Counsel
David E. Kendall
J. Andrew Keyes
C. Bryan Wilson
Williams & Connolly LLP
680 Maine Avenue, Southwest
Washington, DC 20024
(202) 434-5000
Thomas M. Craig
Fluet
1751 Pinnacle Drive, Suite 1000
Ty sons, VA 22102
(703) 590-1234
Eric C. Wiener
Morrison Foerster
425 Market Street
San Francisco, CA, 94105
(415) 268-6080
45
Opposing Counsel
Howard M. Shapiro
Jonathan E. Paikin
WilmerHale
2100 Pennsylvania Avenue, Northwest
Washington, DC 20037
(202) 663-6000
Danielle Conley
Latham & Watkins
555 Eleventh Street, Northwest
Suite 1000
Washington, DC 20004
(202) 637-1068
9. Maryland v. Ramos, Case Nos. 121414C, 121559C (Cir. Ct. Montgomery Cnty. Md.)
Co-counsel
Geoffrey Starks
Federal Communications Commission
45 L Street, Northeast
Washington, DC 20554
(202) 418-2500
Opposing Counsel
46
10. Elavon, Inc. v. Wachovia Corp., et al., Case No. l:09-cv-139-ODE (N.D. Ga.)
In this case, Williams & Connolly LLP represented merchant processor Elavon, Inc., in
its lawsuit against Wachovia Bank for breach of contract and tortious interference related
to its merger with Wells Fargo Bank. The case involved significant discovery and
extensive motions practice before the court, including a motion to dismiss, motions for
summary judgment, and motions in limine. I was an associate on the case from
approximately 2010 through 2011, and was involved in all aspects of its litigation,
including drafting and responding to discovery requests, preparing witnesses for
deposition and trial, and drafting dispositive and pretrial motions. The case ultimately
settled on the eve of trial.
Co-counsel
Bruce R. Genderson
Edward Barnidge
Dane Butswinkas
Williams & Connolly LLP
680 Maine A venue, Southwest
Washington, DC 20024
(202) 434-5000
Catherine Duval
Zuckerman Spaeder
1800 M Street, Northwest
Washington, DC 20036
(202) 822-8106
Daniel Pierce
Fragomen, Del Rey, Bernsen & Loewy, LLP
1101 15th Street, Northwest
Suite 700
Washington, DC 20005
(202) 223-5515
Opposing Counsel
Cory Hohnbaum
King & Spalding, LLP
300 South Tryson Street
Suite 1700
47
Charlotte, NC 28202
(704) 503-2600
18. Legal Activities: Describe the most significant legal activities you have pursued,
including significant litigation which did not progress to trial or legal matters that did not
involve litigation. Describe fully the nature of your participation in these activities. List
any client(s) or organization(s) for whom you performed lobbying activities and describe
the lobbying activities you performed on behalf of such client(s) or organizations(s).
(Note: As to any facts requested in this question, please omit any information protected
by the attorney-client privilege.)
As a United States Magistrate Judge, I handle matters concerning all stages of litigation,
but I find settlement conferences to be among the most important and most rewarding of
my duties, particularly if they involve parties with limited resources who might otherwise
find themselves owing significant amounts of attorneys' fees. I also sit on the Middle
District of Florida's Bench-Bar Fund Committee, which provides funding for programs
that benefit the District's bar and those that provide educational opportunities to attorneys
and students. Additionally, I frequently present to the local chapters of the Federal Bar
Association, National Bar Association, and American Inns of Court regarding federal
practice and professionalism.
19. Teaching: What courses have you taught? For each course, state the title, the institution
at which you taught the course, the years in which you taught the course, and describe
briefly the subject matter of the course and the major topics taught. If you have a
syllabus of each course, provide four (4) copies to the committee.
Federal Practice, Spring Semesters 2022, 2023, and 2024, Florida A&M University
College of Law - This course was a procedural overview of civil and criminal litigation
in federal courts, including federal laws, regulations, rules, and policies. Students met
weekly in my courtroom and were able to observe civil and criminal hearings, and we
discussed many of the recurring issues that arise during litigation. I also arranged for
panels with judges and practitioners so that we could discuss practical and ethical
48
considerations facing civil litigators, prosecutors, criminal defense attorneys, and judges.
Syllabi for 2022, 2023, and 2024 supplied.
Crime and Punishment, Fall Semester 2007, Yale University - Under the direction of
Professor Gregory Huber, I taught a small-group section of Crime and Punishment to
undergraduates. The course examined political philosophers, politicians, and academics
who have helped to shape the modern criminal justice system. Syllabus supplied.
Moral Foundations of Politics, Spring Semester 2008, Yale University - Under the
direction of Professor Ian Shapiro, I taught a small group section of the Moral
Foundations of Politics, which was a survey course in political philosophy. Syllabus
supplied.
20. Deferred Income/ Future Benefits: List the sources, amounts and dates of all
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. Describe the arrangements you have made to be compensated in the future
for any financial or business interest.
None.
21. Outside Commitments During Court Service: Do you have any plans, commitments,
or agreements to pursue outside employment, with or without compensation, during your
service with the court? If so, explain.
None.
22. Sources of Income: List sources and amounts of all income received during the calendar
year preceding your nomination and for the current calendar year, including all salaries,
fees, dividends, interest, gifts, rents, royalties, licensing fees, honoraria, and other items
exceeding $500 or more (if you prefer to do so, copies of the financial disclosure report,
required by the Ethics in Government Act of 1978, may be substituted here).
23. Statement of Net Worth: Please complete the attached financial net worth statement in
detail (add schedules as called for).
a. Identify the family members or other persons, parties, categories of litigation, and
financial arrangements that are likely to present potential conflicts-of-interest
49
when you first assume the position to which you have been nominated. Explain
how you would address any such conflict if it were to arise.
If confirmed, I would continue to follow the Code of Conduct for United States
Judges, 28 U.S.C. § 455, and any other relevant ethical laws, rules, or canons. I
would continue to recuse myself from all cases and matters of which I had
knowledge that were pending before the United States Attorney's Office for the
Middle District of Florida at the time I left that office in 2019. Additionally, my
spouse is employed by a private company. I would recuse myself from any
matters involving that company and its affiliates.
b. Explain how you will resolve any potential conflict of interest, including the
procedure you will follow in determining these areas of concern.
25. Pro Bono Work: An ethical consideration under Canon 2 of the American Bar
Association's Code of Professional Responsibility calls for "every lawyer, regardless of
professional prominence or professional workload, to find some time to participate in
serving the disadvantaged." Describe what you have done to fulfill these responsibilities,
listing specific instances and the amount of time devoted to each.
I have served the public as a United States Magistrate Judge from 2019 to the present,
and during my tenure as a federal prosecutor from 2014 to 2019. In those roles, I am and
was unable to take on direct pro bono representations. However, I frequently speak at
local schools about the role of the judiciary and participate in bar association programs to
educate lawyers regarding federal court practice. While in private practice, I represented
indigent persons in criminal, civil, and post-conviction review cases.
a. Please describe your experience in the entire judicial selection process, from
beginning to end (including the circumstances which led to your nomination and
the interviews in which you participated). Is there a selection commission in your
jurisdiction to recommend candidates for nomination to the federal courts? If so,
please include that process in your description, as well as whether the commission
recommended your nomination. List the dates of all interviews or
communications you had with the White House staff or the Justice Department
regarding this nomination. Do not include any contacts with Federal Bureau of
Investigation personnel concerning your nomination.
On January 22, 2024, I was contacted by the White House Counsel's Office about
my interest in an upcoming vacancy on the U.S. Court of Appeals for the
Eleventh Circuit. On January 24, 2024, I interviewed with attorneys from the
50
White House Counsel's Office. On March 18, 2024, I had a follow-up meeting
with attorneys from the White House Counsel's Office. Since March 18, 2024, I
have been in contact with officials from the Office of Legal Policy at the
Department of Justice. On May 8, 2024, the President announced his intent to
nominate me.
No.
51