Judge Davis' memorial service

It was a real tribute. So many friends, colleagues, judges, family turned out to pay their respects. Judge Graham spoke beautifully about Judge Davis, as did Ned Davis (the judge's son). We all shared stories about him over drinks, as he would have liked.

Chief Judge Moreno was in Europe and sent this email regarding Judge Davis:

He was a great man and a good friend. I tried cases before him and found him to be the perfect example of a judge I should emulate but whose qualities of patience,fairness and moderation I could never attain. The 10 years we were colleagues were an incredible experience that made him my best friend on the court. When I became Chief we continued our friendship lunching at Abbracci often where I welcomed his sage advice. What a great human being. I consider this loss like losing a second father within 2 months, as I lost my dad in March. I have been in Europe for the last two weeks and do not return until after the funeral. Please explain my absence at the Biltmore to Pat Davis as well as those others (past law clerks,AUSAs, FPDs, private lawyers) personally or even through your blog.Have fun on Thursday and toast to him as that is what Ned would want all of us to do. FAM

St. Patrick Day News & Notes

1. Suspended Broward School Board member Beverly Gallagher pleaded guilty today. She'll do about three years in federal prison. (via Miami Herald)


2. "Wachovia Bank charged with violating anti-money laundering law" (via Miami Herald). Wachovia has agreed to pay $160 million in the deferred prosecution agreement:
Federal authorities in Miami have filed criminal charges against Wachovia Bank, alleging it failed to block Mexican currency exchange houses from laundering $110 million in drug proceeds through the bank, officials said Wednesday.
Wachovia Bank, a subsidiary of Wells Fargo & Co., will avoid criminal prosecution by agreeing to pay a $50 million fine and forfeit the $110 million, officials said.
The bank must also implement stronger anti-money laundering systems.
Prosecutors with the U.S. attorney's office, along with officials from the Drug Enforcement Administration, plan to hold a news conference Wednesday afternoon on the allegations.
Wachovia, charged with violating the U.S. Bank Secrecy Act, got out of the foreign money-transfer business two years ago.
In a statement published Monday in the Wall Street Journal, Wells Fargo said: ``We look forward to resolving this issue and are committed to maintaining compliant and effective anti-money laundering policies and practices, and a strong compliance and risk management culture across the integrated organization."

One of lawyers representing the bank is Nick Bourtin of Sullivan & Cromwell. Bourtin clerked for Judge Moreno.

3. It's not too late to fill out your brackets! Click here at the free blog pool. The password is sdflablog

Paris to answer questions from The Chief's witness chair?

The media are giddy over poor Paris' deposition in connection with Goldberg v. Paris Hilton Entertainment, Inc., a case pending before The Chief. Tew Cardenas represents the receiver for a local company that invested in a movie Paris was in but allegedly did not do enough to promote. Judging from some of the excerpts, I don't really know what they expected her to do. I can't even tell from her answers whether the questions that presumably instigated these were asked by her lawyers or the receiver's:

"Any chance I got, any red carpet, any press, if I was doing something for another product ... I would just bring it up, 'Oh, my new sorority film, it's going to be sexy, it's going to be really hot girls'—like I really, you know, did my best."

About her role as an executive producer:

"I'm not sure what a producer does, but—I don't know, help get cool people in the cast."

And the quote that everyone is jumping on, in response to who paid her cell phone bill:

"I don't know. I'm assuming, like, whoever pays my bills. I never ask about that stuff."

Seems like she's her own worst enemy, doesn't it? I mean, look at her—she's wearing heels on South Beach, and that hipster she's with is too self-involved to let her know that just isn't safe.

Even though this is being reported all over the Internet, only the Associated Press appears to have done original reporting, so these quotes are all we have of her deposition. But SDFla Blog doesn't just pilfer other people's news. We look into these important matters to put our own unique spin on them. (For this, we use D.O.M.'s PACER account.) Here it is:

Apparently, it's going to be a bench trial, if it comes to that. Can you just imagine what this will be like for The Chief? Or for this poor Paris creature? Incidentally, I love that The Chief denies Paris Hilton Entertainment's motion to seal certain documents with this flourish of rhetorical questions:

Many of the documents in Exhibit 1 are not financial records. For example, what is the need to file under seal the resume of CPA David Nolte, the list of his appearances in other court proceedings and his publications? Certainly those items need not be filed under seal. Also, how do the parties intend to proceed to trial and discuss the financial concepts in this case? Will it not be done in an open courtroom? If so, then why should it be sealed now?

That's basically the entire order. Classic stuff. I mean, you can almost hear his voice, can't you?

Julie Kay interviews Chief Judge Moreno

Here.

Lots of good stuff in the article that will make lawyers and non-lawyers happy, like being more permissive with cell phones and laptops. The Chief also plans on making sure that secret dockets are a thing of the past and that all documents are made available to the public:

“I’m a very open person,” Moreno said. “My personal feeling is that if something is said in open court, it should be an open record.”

As for plea deals: "Moreno said the court will continue to study another issue that recently has generated controversy — whether plea agreements should be posted online."

Interesting article and worth a read.

Hitting the ground running

Our new Chief Judge, Federico Moreno, has issued a bunch of administrative orders in his first week on the job. Julie Kay covers all the activity, including "revamp[ing] the way naturalization ceremonies and emergency motions will be handled by assigning judges on a rotating basis to oversee them." The Chief also assigned the judges to different committees. Here's a list of the chairs from the article:

He assigned Judge Joan Lenard to chair the committee on the clerk’s office; Judge Donald Graham to chair the committee on the budget; Judge Jordan to chair the committee on court reporters and interpreters; Judge Huck to chair the committee on magistrate judges; Judge Cooke to chair the committee on probation; Judge Donald Middlebrooks to chair the committee on rules; Judge Martinez to chair the committee on security; and Judge Altonaga to chair the committee on automation. He also appointed Graham as liaison to the Fort Pierce courthouse project; Judge William Dimitrouleas as liaison to the Fort Lauderdale courthouse project; Judge Daniel T.K. Hurley as liaison to the West Palm Beach courthouse project; Graham as liaison to the Criminal Justice Act panel; Judge K. Michael Moore as liaison to the General Services Administration; Judge Alan S. Gold as liaison to the U.S. Bankruptcy Court; and Judge Jordan as liaison to the Volunteer Lawyers Project.

Here are the orders, courtesy of the DBR.

New Chief Judge

Congrats to Judge Moreno on becoming Chief Judge of the Southern District of Florida. And a big thank you to Judge Zloch for his service over the past 7 years. It's not an easy position and it's mostly thankless. Here's the district's press release about the change. Any thoughts as to how the district will change with the new chief?

PRESS RELEASE

Judge Federico A. Moreno Succeeds Judge William J. Zloch
as Chief United States District Judge for the Southern District of Florida

Effective July 1, 2007, Federico A. Moreno succeeds William J. Zloch as Chief United States District Judge for the Southern District of Florida. Judge Zloch, appointed to the District Court in November 1985, became Chief Judge on July 1, 2000 and was eligible to serve for seven years as Chief Judge. He concluded his seven-year term as Chief Judge on June 30, 2007. Judge Moreno, appointed to the District Court in July 1990, is the next judge in order of seniority eligible to assume the duties of Chief Judge. The duties of the District’s Chief Judge are listed at 3.00.00 of the Southern District of Florida’s Internal Operating Procedures available under “Rules” on the Court’s internet site: http://www.flsd.uscourts.gov/.

The Southern District of Florida spans eight South Florida counties with a total population estimated at over 6.3 million residents. The District is among the busiest federal trial court jurisdictions in the country and is served by 18 active district judges, five senior district judges, 18 magistrate judges, and about 550 employees. The Court conducts sessions in Key West, Miami, Fort Lauderdale, West Palm Beach, and Fort Pierce.

Chief Judge Moreno’s chambers are located in the James Lawrence King Federal Justice Building, 99 NE Fourth Street, Miami, Florida.

Contact:
Clarence Maddox, Court Administrator
United States District Court
301 N. Miami Avenue
Room 321
Miami, Florida 33128

ADDED: Isn't it nice that we don't have any chief controversies. Check out Rumpole and JAABlog for the craziness in Broward Circuit Court!

Congrats to Judge Federico Moreno

He was awarded the Lifetime Achievement Award by the Greater Miami Jewish Federation. Judges Steve Leifman and Gerald Wetherington also received awards.

Lots of funny moments in the speech, but I particularly liked when he thanked his clerks and said that it was the best part of the job because he added to his family every year. Really nice...

"This strategy of ‘shaking down’ defendants with nightmarishly expensive litigation in pursuit of attorney fees must not be rewarded.”

All sorts of fun stuff in the Review this morning, including an article about attorney's fees. That quote above is from Judge Moreno from a 2003 case and the article discusses a recent Judge Zloch case where a six figure fee was requested in a relatively minor case.

The cover story is also interesting -- it's about Judge Middlebrooks ruling on trade dress infringement in the energy drink world. Everyone wants small 8 ounce bottles with vertical lettering, but that's not enough for an infringement case: "The notion that a company can appropriate a standard 8-ounce bottle, utilize vertical lettering of its product name, and preclude competitors from using that bottle with their own lettering . . . seems to be nothing but a thinly veiled effort to stifle legitimate competition." Attorney fees in that case to American Body Building (to be paid by Vital Pharmaceuticals --VPX) of $360,000.

If energy drinks aren't your thing and you are more into ice cream, then read this Sun-Sentinel story about Carvel's niece wanting to dig him up to study the body for foul play.

"11th Circuit ruling in fraud probe a defeat for insurance companies."

And a victory for Roberto Martinez and Curt Miner, the receivers for Mutual Benefits Corp. So reports today's DBR:

"The insurers, including giants like Indianapolis-based American United Life Insurance, said in their lawsuits they should be able to cancel all policies that were sold by policyholders to Mutual Benefits because several of the policyholders lied on their appliactions. They cited four people who had lied about their HIV-positive status."

Judge Moreno said nope and was affirmed by the 11th.

More news and notes

I've been on a news and notes kick lately...

1. "Chief justice off mark on judges' earnings; Judicial pay shouldn't be tied to Congressional salaries": The Miami Herald contains this editorial today concerning Chief Justice Roberts' year end report that I covered here.

2. On Friday, a Broward jury found Michael and Robert McKay guilty of racketeering conspiracy as president and secretary-treasurer of American Maritime Officers, a national labor union based in Dania Beach. Vanessa Blum covers the quick verdict (after a long trial) here. "Defense attorneys for the men said they were shocked by the jury's decision and how quickly it was reached. 'I can't read the jurors' minds, but they certainly didn't have time to go through all of the evidence in the case,' said attorney Neal Sonnett. Lawyer Fred Haddad, who represents Robert McKay, said he would ask U.S. District Judge James Cohn to order a new trial." The case was prosecuted by Robert Tulley.

3. How Appealing blogs here about a new TV show about Supreme Court clerks: "What's next -- Howie Mandel hosting cert. or no cert.? Hollywood's quest to glorify U.S. Supreme Court law clerks will soon reach new heights (or perhaps depths) as Fox Television has given the green light to a new series entitled 'Supreme Courtships.' According to Variety magazine, 'Supreme Courtships revolves around the professional and personal world of six Supreme Court clerks. Tieche and Adelstein Productions ('Prison Break') principals Marty Adelstein and Michael Thorn will produce.' And The Hollywood Reporter says that 'Supreme Courtships, from 20th Century Fox TV and Adelstein Prods., is a comedic drama about the personal and professional lives of six Supreme Court clerks and their supervisors.'" Above the Law has more here.

4. "Pulling on a Fine Line: Case raises questions about when a N.Y. lawyer may advise snowbirds in Florida." From the intro to the ABA Journal article: "A licensed Florida lawyer may advise clients in that state on New York matters, even if he or she is not licensed in New York.So why can’t a licensed New York lawyer advise Sunshine State residents on New York matters, even though he is not licensed in Florida?" The article continues:

When immigration lawyer M. Ronald Gould raised that question in a lawsuit filed against officials of the Florida Bar, a federal district court gave him an answer he didn’t like.Gould filed his action after the bar, which has enforcement authority over Florida’s professional conduct rules for lawyers, nixed his plan to advertise his availability to advise clients on “New York legal matters only” out of an office in Miami.“I save them money because they don’t have to fly to New York to see a lawyer, and they don’t have to pay a lawyer extra money to come see them,” says Gould, who’s been admitted to practice in New York since 1961 and has lived in Florida nearly three decades. “Many people here still have business in New York, and I want to be available to them.”Gould’s suit argued that the Florida Bar’s restrictions on his advertising violate his free speech rights under the First Amendment and cited his “genuine and credible fear” that the bar would charge him with unauthorized practice of law (a third-degree felony under state law) if he went ahead with his plan. But in a decision issued Aug. 8, District Judge Federico A. Moreno granted the bar’s motion for summary judgment. Gould v. Harkness, No. 04-23178-CIV-MORENO (S.D. Fla.). Gould has appealed the ruling to the Atlanta-based 11th U.S. Circuit Court of Appeals.

Put that in your pipe and smoke it

Judge Moreno sentenced "a Hialeah carpenter convicted of selling counterfeit Cuban cigars in a high-stakes trial . . . to five months of home confinement on Thursday in federal court in Miami." Prosecutors had asked for five years in prison.