Hard to Treat Diseases (HTDS)

[abracky]

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA

Judge Daniel T. K. Hurley
United States Courthouse
701 Clematis Street
West Palm Beach, Florida 33401-5196
[phone]


JUNE TRIAL CALENDAR


(Updated on Thursday, June 9th, 2005, at 12:10 p.m.)




NOW IN TRIAL: Hard to Treat Diseases, Inc. v. Shinn, 04-80010. This nonjury trial is being conducted in in courtroom 205C of the U.S. Courthouse in Fort Lauderdale. Although it was hoped that the trial would conclude today, that is no longer possible. Therefore, the trial will reconvene on Tuesday, June 14th, for an additional day. This is being done to permit the parties in the Mony case below to present testimony from a witness who can only be available on Monday, June 13th.

NEXT TRIAL: Mony Life Ins. Co. v. Wein, 04-80570. Trial will commence on Monday, June 13th, at 9:00 a.m. in the Forum Office Building, 1675 Palm Beach Lakes Blvd., sixth floor, West Palm Beach. The court will recess the trial at the conclusion of Monday's proceedings to permit the conclusion of the Hard to Treat trial above. As indicated above, this is being done to accommodate a witness who can only appear on Monday, June 13th.

NOTE: The U.S. Courthouse in West Palm Beach is closed due to mold (fungal growth) throughout the building. Please be assured, however, that the court is functioning. Calls to Linda Rosi at 803-3450 and James Caldwell at [phone] or [phone] are being forwarded to temporary chambers. Note: Pauline Stipes (court reporter) may be reached at [phone]. The clerk of court is also operating from a temporary office, telephone: [phone]. Pleadings filed by mail should be addressed to the Clerk of Court at 701 Clematis Street, West Palm Beach, 33401. Pleadings filed in person must be filed in the clerk's office at the U.S. Courthouse in Fort Lauderdale (299 E. Broward Blvd.). Signed orders will be docketed by the clerk and faxed to counsel.




. . . . . . . . . . . . . CASES AWAITING TRIAL . . . . . . . . . . . . . .

#1 -- Sherrod v. Palm Beach Cnty. School Dist., 02-80764.

#2 -- Mayflower Transit, LLC v. Smith, 04-60187. Note: The court will not call this case for trial during counsel's previously-announced vacation.

#3 -- U.S. v. Beverly, 05-80020.

#4 -- U.S. v. Raymond, 04-80092.

#5 -- U.S. v. Roberson, 05-80019.

#6 -- Dominguez v. Gamma Surgery, Inc., 03-81114.

#7 -- Desjardins v. Two Wheels, Inc., 04-80314.

#8 -- U.S. v. Hickson, 04-80130.

#9 -- U.S. v. Recor, 04-60004.




SUGGESTED START-UP TRIAL DATES ARE ADVISORY ONLY. DUE TO SETTLEMENTS AND OTHER REASONS, THE COURT RESERVES THE RIGHT TO CALL CASES FOR TRIAL EARLIER THAN THE LISTED DATE AND OUT OF TURN.

CALENDAR FOR WEEK OF JUNE 6 - 10, 2005


Monday - Thursday: Nonjury trial, Fort Lauderdale.
Friday: Pleas and sentencings, Fort Lauderdale.






ADDITIONAL INFORMATION


CHAMBERS STAFF:

Secretary: Ms. Linda Lipps Rosi, [phone]; Courtroom Deputy: Mr. James Caldwell, [phone]; Court Reporter: Ms. Pauline Stipes, [phone] ["Real Time" available by prior arrangement.]

PRACTICES & PROCEDURES:

(1) Counsel may appear for some hearings by telephone after making prior arrangements with the courtroom deputy.

(2) All motions and stipulations must be accompanied by a separate proposed order granting the motion. The order should list all counsel of record. Please do not provide stamped, self-addressed envelopes. (Copies of signed orders will be faxed to counsel.)

(3) On the first day of trial, each party must hand to the court reporter in the courtroom two copies of the exhibit list and witness list. All trial exhibits must be marked before trial.

(4) To utilize a laptop computer in the courtroom, counsel must submit a motion and proposed order granting the motion. These documents should be filed no later than four days prior to the commencement of trial.

(5) The court normally conducts voir dire but welcomes suggested and follow-up questions from counsel. These should be handed to the court prior to the commencement of voir dire.



RECENT DECISIONS


Freund v. Hi-Tech Satellite, Inc., 04-80117, memorandum opinion containing findings of fact and conclusions of law, and final judgment in favor of the defendant, 6/9/05.

Schwam v. Cunard Line Ltd., 04-80558, order denying defendant's motion for summary judgment, 5/26/05.

Garcia v. Bieluch and Bennett, 04-81171, order granting defendant Bennett's motion to dismiss count 2 with prejudice and dismissing remaining counts without prejudice for lack of subject matter jurisdiction, 5/24/05.

Gendron v. Bil-Jax, Inc., 03-81147, order granting-in-part and denying-in-part defendant's motion for partial summary judgment, 5/19/05.

Nichols v. Locke & Buono, memorandum opinion containing findings of fact and conclusions of law as a predicate to judgment for the plaintiff, 5/19/05.

Schilling v. U.S. Trust Co. of N.Y., 04-80361, order granting-in-part and denying-in-part defendant's motion for summary judgment, 5/19/05.

Ferguson v. Crosby, 95-573, memorandum opinion finding petitioner competent to proceed with habeas corpus proceeding and denying motion to stay habeas corpus proceeding, and memorandum opinion denying second amended petition for writ of habeas corpus, 5/19/05.

Strategic Capital Resources, Inc. v. Citrin Cooperman & Co, LLP, 03-80349, order denying Citrin's motion for summary judgment, granting Citrin's motion for partial summary judgment re plaintiff's claims for breach of fiduciary duty and punitive damages, and granting-in-part and denying-in-part Strategic's motion for partial summary judgment, 5/18/05.

Sullivan v. Krischer, 04-3094, order affirming bankruptcy court's summary final judgment, 5/3/05.





DIRECTIONS TO THE (NOW CLOSED) COURTHOUSE


From I-95: Get off at Exit 70, "Okeechobee Blvd.," drive east and get into the far right-hand lane. Take the exit marked "Australian Avenue North." Continue on Australian Avenue North and get into the far right-hand lane. Turn right onto Banyan Blvd. -- you will see the NBC Channel 5 Building on the corner of Australian and Banyan. Continue on Banyan across the railroad tracks. The courthouse is in the next block on the right-hand (south) side. Free parking is available on the left (north), across the street from the courthouse. From Florida Turnpike: Get off at the "West Palm Beach - Okeechobee Blvd." exit. Go east into West Palm Beach, following the prior directions. From Palm Beach Int'l Airport: Exit the airport onto Australian Avenue. Turn left (north) onto Australian Avenue, cross Belvedere and continue on Australian until you reach the traffic lights at Banyan Blvd. (You will see the NBC Channel 5 building on the corner of Australian and Banyan.) Go right (east) on Banyan and continue, crossing the railroad tracks. The courthouse is in the next block on the right-hand (south) side of the street.