Attorneys May Now Bring Cellphones, Laptops, and Tablets Into Middle District of Florida Courthouses

Lawyers have needed to stow their cellphones before bringing them into MDFLA courthouses and obtain Court order to bring in laptops.  As of September 26, 2013, that has now changed.  While the Court retains its general policy that no one may bring a personal electronic device past security, the following exception has been added:

2.4 Attorneys
Any attorney permitted to practice law in the Middle District of Florida may bring any personal electronic device beyond the courthouse's security checkpoint by presenting a valid Florida Bar identification card or pro hac vice order.  In addition to the restrictions set forth in paragraph 2, attorneys may not use personal electronic devices directly outside of any courtroom when court is in session.

"Personal electronic devices" are:

things like cellular telephones, "smart phones," laptop computers, and tablet computers.

So I can shelve my form motion for permission to bring in my computer.  Standard caveats still apply, which is to say they must be kept on silent, can't be shared with others, can't be used to disrupt any proceeding, and can't search for juror information.  And the security personnel may inspect them.  The full order is below.

13-Mc-94 Possession and Use of Personal Devices in All FLMD Courthouses

In re: Possession and Use of Personal Electronic Devices in Federal Courthouses in the Middle District of Florida, General Order 6:13-MC-94-ORL-22

The long arm of the law. Specifically, website postings and Florida's long arm statute.

Tabatha Marshall, who lives in Washington, posted comments on her website where she accused Internet Solutions Corporation of criminal activity. ISC, whose principal place of business is in Florida, sued her for defamation in federal court here in Florida. Marc Randazza (the editor of Legal Satyricon) represented Marshall. His blog described the background of the case briefly here.

The Middle District of Florida dismissed the case for lack of personal jurisdiction over Marshall. Internet Solutions appealed to the Eleventh Circuit. The Eleventh Circuit then a certified the question to the Florida Supreme Court on whether Marshall’s alleged activities were within the scope of Florida’s long-arm statute.

The Florida Supreme Court phrased the certified question as:

DOES A NONRESIDENT COMMIT A TORTIOUS ACT WITHIN FLORIDA FOR PURPOSES OF SECTION 48.193(1)(b) WHEN HE OR SHE MAKES ALLEGEDLY DEFAMATORY STATEMENTS ABOUT A COMPANY WITH ITS PRINCIPAL PLACE OF BUSINESS IN FLORIDA BY POSTING THOSE STATEMENTS ON A WEBSITE, WHERE THE WEBSITE POSTS CONTAINING THE STATEMENTS ARE ACCESSIBLE AND ACCESSED IN FLORIDA?

The Florida Supreme Court answered -- yes.

We answer the rephrased certified question in the affirmative. We conclude that posting defamatory material on a website alone does not constitute the commission of a tortious act within Florida for purposes of section 48.193(1)(b), Florida Statutes. Rather, the material posted on the website about a Florida resident must not only be accessible in Florida, but also be accessed in Florida in order to constitute the commission of the tortious act of defamation within Florida under section 48.193(1)(b).

(emphasis in original). So, a defendant is subject to personal jurisdiction in Florida if she: (1) posts something on a webpage; (2) the webpage is accessible in Florida; and (3) someone also access it in Florida. But if nobody accesses it here (even if it's accessible), she's not subject to personal jurisdiction?

My colleague Jeffrey Kuntz has additional information here.

Internet Solutions Corp. v. Marshall, No. SC09-272 (Fla. June 17, 2010)

Whatcha gonna do, Brother?

Local celebrity Hulk Hogan (a.k.a. Terry Bollea) is suing cereal giant Post over its Cocoa Smashdown commercial (below). The St. Pete Times reported it here. Legal Satyricon has it here. The Hulkster asserts that Post misappropriated Hulk's likeness, violated his of his right of publicity, and falsely suggest Hulk has endorsed Post's cereal. Specifically, Hulk argues that

a larger, muscular wrestler with long blond hair and blond Fu Manchu mustache named Hulk Boulder is likely to cause confusion ... as to the affiliation, connection, or association with Plaintiff Terry Bollea, or as to the origin, sponsorhip, or approval of Defendant Post Foods' goods, services or commercial activities by Plaintiff Terry Bollea.

Hulk does explain that early in his career he performed under the name Terry "The Hulk" Boulder. What do you think?

Hogan v Post

Federal litigators -- weekends count starting tomorrow

As of today, when you have a time period that is less than 11 days, you do not count the intermediate weekends and holidays. So in the Middle District of Florida, where we have 10 days to respond to a motion, we do not count weekends or holidays in docketing our response date. Starting tomorrow, December 1, 2009, the Federal Rules of Civil Procedure have been amended so intermediate weekends and holidays do count.

Fortunately, the Judges of the Middle District have amended the local rules to change various time periods, including the period for response to a motion. Instead of 10 days, each party opposing a motion will now have (starting tomorrow) 14 days to respond. Various other time periods have been adjusted in the local rules to reflect this change in the Federal Rules. Read the amendments to the local rules here. A brief summary of some of the changes is below:

Event	Rule	Old Time Period	New Time Period
Response to motion	3.01(b)	10 days	14 days
Notice of deposition	3.02	10 days	14 days
Final pretrial conference	3.06(a)	at least 20 days notice	at least 21 days notice
Pretrial statement	3.06(c)	3 days before pretrial conference	7 days before pretrial conference
Removal of cases from state court	4.02(c)	10 days	14 days
Temporary restraining order	4.05(a)	10 days	14 days
Preliminary injunction notice	4.06(a)	5 days	14 days
Preliminary injunction opposition papers	4.06(b)(3)	day preceding hearing	7 days before the hearing
Objecting to Magistrate Judge's Reports and Recommendations	6.02(a)	10 days	14 days
Designate a mediator	9.04(a)(1)	10 days	14 days