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About the Judges
Kyle Dudek
District Judge
Commission Date:
September 11, 2025
Original Appointment Date:
July 01, 2022
Division:
Fort Myers
Chambers:
6-186
Chambers Phone:
(239) 461-2131
Courtroom:
6B
Judge Initials:
KCD
Chambers Email:
[email protected]
Courtroom Deputy
Law Clerks
Courtney Ward
(239) 461-2007
Brigette Willauer
Paulina Penkauskaite
Victor Gibson
Judge Tabs
Biography
Federal Judicial Service
District Judge, United States District Court for the Middle District of Florida
Commissioned on September 11, 2025
Magistrate Judge, United States District Court for the Middle District of Florida, 2022-2025
Education
Cornell University, 2007
Antonin Scalia Law School at George Mason University, J.D., 2010
Professional Career
Law Clerk,
The Honorable G. Steven Agee
,
United States Court of Appeals for the Fourth Circuit
, 2014–2016
Law Clerk, The Honorable James C. Cacheris,
United States District Court for the Eastern District of Virginia
, 2013–2014
Law Clerk, The Honorable Jonathan C. Thacher,
Nineteenth Judicial Circuit of Virginia
, 2010–2011
Private Practice 2011–2012, 2016–2022
Court Calendar
This Week
Next Week
Week Three
Week Four
2026 Trial Schedule
(PDF)
2027 Trial Schedule
(PDF)
2028 Trial Schedule
(PDF))
Employment
Clerkships
Chambers staff includes one career law clerk and two term clerks. Term clerks serve a one-year term, starting in September.
Law students and experienced lawyers interested in serving as law clerks are encouraged to email a cover letter, resume, law school transcripts, writing sample, and a list of references to
[email protected]
.
Internship/Externships
Judge Dudek welcomes applications for unpaid judicial internships for the summer term each year. Positions are limited to students who have completed their first (1L) or second (2L) years of law school. Preference is given to applicants with strong academic standing. Internships may be voluntary or for academic credit.
To apply, candidates must email a cover letter, resume, writing sample, and law school transcript to
[email protected]
.
Forms
Consent to Magistrate Judge
AO Form 85 (consent for all purposes including trial) (PDF)
AO Form 85A (consent for some purpose like a specific motion) (PDF)
Case Management
Case Management Report in Patent Cases (DOC)
Case Management and Scheduling Order - Patent (DOC)
Civil Disclosure Statement – LR 3.03 and FRCP 7.1 (DOC)
Criminal Disclosure Statement – FRCrP 12.4
ERISA Case Management Report (DOC)
Notice of Related Action (DOC)
Rule 502(d) Template Order (DOC)
Summary Judgment Notice and Courtesy Copies (DOC)
Uniform Case Management Report (DOC)
Fast-Track Case Forms
ADA Fast-Track Case Management Report (DOC)
ADA Court's Interrogatories - Entity Plaintiff(s) (DOC)
ADA Court's Interrogatories - Individual Plaintiff(s) (DOC)
ADA Court's Interrogatories - Individual Plaintiff(s) - Websites (DOC)
FCRA Fast-Track Case Management Report (DOC)
FLSA Court's Interrogatories to Plaintiff (DOC)
FLSA Fast-Track Case Management Report (DOC)
Solicitation or Debt Collection Fast-Track Case Management Report (DOC)
Solicitation or Debt Collection Interrogatories to Defendant (DOC)
Solicitation or Debt Collection Interrogatories to Plaintiff (DOC)
Witness and Exhibit Lists
Civil Witness List (DOC)
Criminal Witness List (DOC)
Exhibit List (DOC)
Exhibit Tags
Defendant (Yellow Paper) (DOC)
Government (Blue Paper) (DOC)
Joint (Green Paper) (DOC)
Plaintiff (Blue Paper) (DOC)
Juror Questionnaires
Civil (DOC)
Criminal (DOC)
Preferences
General
Contacting Chambers
Counsel of record and
pro se litigants
may
contact chambers
about procedures specific to Judge Dudek, scheduling, and other non-substantive matters. Law clerks will not discuss the merits of any case ex parte. Nor will they give legal advice, interpret
federal
and
local rules
, explain court orders, or provide time estimates on orders. Before contacting chambers, counsel and pro se litigants must review this website, the docket, and the federal and local rules.
When calling chambers, counsel and
pro se litigants
must provide (1) the case number, (2) their name and party they represent, (3) whether opposing counsel has been consulted, and (4) why they are contacting chambers. For emails, all parties must be copied.
Optical Character Recognition
Documents filed through
CM/ECF
should be scanned with optical character recognition (OCR) and rendered text searchable. Counsel using OCR are responsible for verifying the reasonable accuracy and readability of the document.
Civil Case Management
Active Case Management Philosophy
Judge Dudek actively manages the cases before him. Deadlines are monitored, and orders to show cause will be promptly issued if deadlines are missed. The parties thus must proactively manage their cases to ensure compliance with all orders, due dates, and rules.
Case Management Reports and Preliminary Pretrial Conferences
For most civil cases, the parties must jointly file a case management report per
Local Rule 3.02
. A standard form can be found under the Forms tab.
For matters requiring a case management report, the following scheduling parameters are preferred:
Action or Event
Preference/Requirement
Deadline for providing mandatory initial disclosures. See
Fed. R. Civ. P. 26(a)(1)
.
14 days after the parties'
Rule 26(f)
conference or for parties joined or served later, 30 days after being served or joined
Deadline for moving to join a party, see
Fed. R. Civ. P. 14, 19 or 20
, or to amend the pleadings, see
Fed. R. Civ. P. 15(a)
.
1 to 2 months after
Federal Rule 26(f)
conference
Deadline for disclosing plaintiff's expert report. See
Fed. R. Civ. P. 26(a)(2)
.
3 months before the discovery deadline
Deadline for disclosing defendant's expert report. See
Fed. R. Civ. P. 26(a)(2)
.
2 months before the discovery deadline
Deadline for disclosing any rebuttal expert report. See
Fed. R. Civ. P. 26(a)(2)
.
1 month before the discovery deadline
Deadline for completing discovery and filing any motion to compel discovery. See
Fed. R. Civ. P. 37
;
Middle District Discovery (2021)
.
5 to 6 months before the meeting to prepare the joint final pretrial statement
Deadline for moving for class certification, if applicable. See
Fed. R. Civ. P. 23
.
3 to 4 months before the discovery deadline
Deadline for filing any dispositive and Daubert motion. See
Fed. R. Civ. P. 56
.
The Court REQUIRES at least 4 months before the final pretrial meeting
Deadline for participating in mediation. See
Local Rules, ch. 4
.
After the discovery deadline but before dispositive motions
Date of the final pretrial meeting. See
Local Rule 3.06(a)
.
4 weeks before the Final Pretrial Conference
Motions in limine
At least 16 days before the Final Pretrial Conference
Deadline for filing the proposed jury instructions, verdict form, and joint final pretrial statement. See
Local Rule 3.06(b)
.
At least 14 days before the Final Pretrial Conference
Date of the final pretrial conference. See
Fed. R. Civ. P. 16(e)
;
Local Rule 3.06(b)
.
The date that corresponds with the trial term as set forth in the district judge's trial calendar (posted on the website) or, for a trial date certain, one week prior to trial
Month of the trial term or, if all parties consent to a
magistrate judge
, the month and day of the first day of trial.
20 to 22 months after the action is originally filed, or removed, or transferred
Local Rule 3.02(a) Exceptions
Cases brought under
Title II
or
III
of the Americans With Disabilities Act (ADA) are excepted from the requirements in
Local Rule 3.02
(a). An ADA Fast-Track Scheduling Order will be issued by the court pursuant to
Local Rule 3.02
(d)(1) immediately after any defendant appears, or after the docketing of a removed or transferred action.
Cases brought under the
Fair Labor Standards Act (FLSA)
are excepted from the requirements in
Local Rule 3.02
(a). A FLSA Fast-Track Scheduling Order will be issued by the court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears, or after the docketing of a removed or transferred action.
Cases brought under the
Telephone Consumer Protection Act (TCPA),
the
Fair Debt Collection Practices Act (FDCPA)
, the
Real Estate Settlement Procedures Act (RESPA)
, the
Florida Consumer Collection Practices Act (FCCPA)
, and/or other state law consumer protection statutes, are excepted from the requirements in
Local Rule 3.02
(a). A Solicitation or Debt Collection Fast-Track Scheduling Order will be issued by the court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears, or after the docketing of a removed or transferred action.
Cases brought under the Fair Credit Report Act (FCRA) or other related state law consumer protection statutes are excepted from the requirements in
Local Rule 3.02
(a). A FCRA Fast-Track Scheduling Order will be issued by the court pursuant to Local Rule 3.02(d)(1) immediately after any defendant appears, or after the docketing of a removed or transferred action.
Motions
Expedited Relief
For emergency or time-sensitive relief, counsel must title the motion to include “emergency” or “time-sensitive.” And the motion must include an introductory paragraph that explains the nature of the exigency and states the day by which a ruling is requested. The unwarranted designation of a motion as an emergency may result in a sanction. Judge Dudek also appreciates a courtesy call to Chambers about any emergency or time-sensitive motion filed.
Oral Argument
The court decides most, if not all, motions on the papers. The court holds oral arguments only if it grants a party's request or sets them sua sponte.
Local Rule 3.01(g)
Local Rule 3.01
(g) requires a moving party to confer with opposing counsel in a good-faith effort to resolve an issue to be raised in a motion before filing it. The term "confer" in
Local Rule 3.01
(g) requires a substantive conversation. Exchanges of ultimatums by e-mail or by letter do not satisfy the good-faith conference requirement. Similarly, mere attempts to confer that do not result in a meaningful and productive exchange between counsel do not satisfy
Local Rule 3.01
(g).
The court will deny motions that fail to include a
Local Rule 3.01
(g) certificate.
Courtesy Copies of Motion Papers
Courtesy copies of motions and briefs are not required.
Hearings & Oral Argument
Hearings on motions are scheduled at the written request of the parties or by order of Judge Dudek. Counsel and unrepresented parties who wish to present argument are generally required to appear in court. Although in person appearances are presumed, telephonic or video appearances may be granted when good cause is shown in a motion requesting the same.
Witnesses and other evidence are not permitted at oral argument unless the court grants permission. For the court's planning purposes, a party should ask to present evidence days before the hearing to allow the court and opposing counsel time to prepare.
Oral arguments and hearings will be scheduled by the courtroom deputy.
Oral Argument – Young Lawyer
Ordinarily, only one lawyer for each party may argue at a hearing. However, Judge Dudek encourages parties and senior attorneys to provide young lawyers the opportunity to argue in court. A party should advise Judge Dudek's courtroom deputy at least one business day before the hearing if a lawyer with five or less years of experience will participate in oral argument. In that event, Judge Dudek will allow multiple lawyers to argue on behalf of that party.
Evidentiary Hearings
For evidentiary hearings, exhibit lists and witness lists must be filed three business days before the scheduled date. On the date of the hearing, the parties must provide the courtroom deputy with their exhibit lists, exhibits, and witness lists, as well as two courtesy binders containing the same. Additionally, on the date of the evidentiary hearing, each party shall must provide the courtroom deputy clerk with a CD or USB drive containing PDF versions of each exhibit.
Deposition Transcripts as Exhibits
If depositions are filed as an exhibit to a motion or response, the court requires the deposition be filed in its entirety (preferably condensed versions) with exhibits.
Proposed Orders
Parties should not submit a proposed order unless directed. If the court requests a proposed order, a copy should be emailed in Microsoft Word format to
chambers' email
.
Trial Management
Trial Term
All cases are scheduled for a monthly trial term—not a specific date. Generally, criminal cases are tried first, followed by civil jury trials, and then civil non-jury trials. Civil cases not reached will be placed on the next month’s trial term after the criminal cases. Throughout the assigned trial term, counsel and their witnesses must be available within 24 hours’ notice.
The court may set a trial for a date certain closer to the assigned trial term only if the court’s calendar so permits. If parties want a guaranteed date for civil trials, they should consent to the magistrate judge.
Hours
Judge Dudek typically holds trial from 9:00 a.m. to 5:00 p.m. with two 15-minute breaks and a lunch recess. This schedule may change as circumstances dictate.
Witness and Exhibit Lists
The court's scheduling order will govern the deadlines for witness and exhibit lists. Parties must use the witness and exhibit lists found under the "Forms" tab on this website.
Marking Exhibits
Before any trial or hearing, counsel for each party must mark exhibits using the exhibit tags found under the "Forms" tab on this website. Counsel must staple the appropriate party-specific exhibit tag to the upper right corner of the first page. In completing the exhibit tags, the parties must use consecutive numbers to mark exhibits. Please direct questions on exhibit tags to the courtroom deputy.
Jury Instructions and Verdict Forms
The court's scheduling order will govern the deadlines for jury instructions and proposed verdict forms. Judge Dudek requires counsel to confer and submit a single set of agreed upon jury instructions and a proposed verdict form. To the extent the parties cannot agree on a particular instruction or form, each party may submit a competing one for the court's approval. Judge Dudek will hold a charging conference, at which time counsel may present argument and the court will decide the final charge and verdict form to be given to the jury.
Voir Dire
Judge Dudek conducts voir dire and sometimes lets counsel submit brief follow-up questions. Eight jurors are seated for civil cases, with all eight deliberating. For criminal cases, the Court will seat twelve jurors with one or two alternates.
Notetaking by Jurors
The court allows jurors to take notes unless counsel voices a valid objection.
Opening Statements and Summations
There are no set time limits imposed on opening statements and closing arguments.
Examination of Witnesses Out of Sequence
Judge Dudek will permit the examination of a witness out of sequence, either within the party's own case or within an opposing party's case, if a scheduling conflict exists. If a witness will be unavailable for trial, the witness' testimony may be presented by deposition where allowed by law.
Proposed Findings of Fact and Conclusions of Law
In non-jury trials, the parties must submit proposed findings of fact and conclusions of law. Judge Dudek also appreciates receiving an electronic version of the parties proposed findings of fact and conclusions of law in Microsoft Word format sent to the
chambers email address
.
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