Anthony E. Porcelli

How Judge Porcelli rules, drawn from 26 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Middle District of Florida
Position
Magistrate judge
Commissioned
August 8, 2009
Education
Stetson University, B.A. (1993); Jacksonville University, M.B.A. (1995); Stetson University College of Law, J.D. (1998, top three of class)
Signed orders read
26

About Judge Porcelli

Anthony E. Porcelli has served as a United States Magistrate Judge in the Tampa Division of the Middle District of Florida since August 2009. A graduate of Stetson University College of Law, he previously clerked for District Judge Harvey E. Schlesinger and served as an Assistant United States Attorney.

Judge Porcelli's practices and standing orders

Rules for cases before Judge Porcelli, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Trial

Electronically file exhibit and witness lists by the morning of trial or an evidentiary hearing.

“Exhibit and witness lists shall be electronically filed no later than the morning of trial or evidentiary hearing.”

Trial

File trial briefs, proposed voir dire, jury instructions, and special verdict forms five days before trial.

“Trial briefs, proposed voir dire questions, proposed jury instructions, and any special verdict forms should be filed five days in advance of the scheduled trial date.”

Trial

At the start of trial, provide the courtroom deputy the original and two copies of the exhibit list, copies of exhibits, and the witness list.

“On the date each trial commences, each party shall file with the courtroom deputy clerk the original and two copies of their respective exhibit list, as well as copies of all exhibits and the witness list.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 10, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Porcelli decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Brand-versus-generic pharmaceutical liability: follows the majority and Florida rule that a brand-name manufacturer owes no duty to a plaintiff injured by a competitor's generic version that it never made or sold, and expressly declines to follow the broader duty rule in California's Conte v. Wyeth. Product identification ('the product which allegedly caused the injury was manufactured or sold by the defendant') is treated as fundamental, defeating negligence, strict-liability, warranty, and fraud theories together.

“The Court cannot impose a duty of care on Defendants here where the generic manufacturers are responsible for the contents of their label, and where the Defendants lacked direct control as to the contents of that label.”

Procedural preferences

In Tyler v. Commissioner of Social Security, he reversed the Commissioner’s decision and remanded the case for further administrative proceedings.

“The decision of the Commissioner is REVERSED and the matter is REMANDED pursuant to sentence four of 42 U.S.C. 405(g) to the Commissioner for further administrative proceedings consistent with this Order.”

Medical-improvement cases require an actual comparison between the evidence supporting the prior favorable disability determination and the current evidence. A passing reference to the earlier record does not permit a finding that medical severity decreased.

“the ALJ errored in determining a medical improvement had occurred the case is reversed and remanded for application of the correct legal standard.”

Residual-functional-capacity explanations must resolve material limitations rather than merely acknowledge the underlying evidence. Porcelli has remanded where the ALJ did not explain the effect of visual disturbance, a non-severe urinary impairment, or medically necessary cane use on the claimant's ability to work.

“the ALJ never affirmatively rejects (or adopts) Claimant's need to use a cane for ambulation. Without such a determination, it is not possible for this Court to determine whether the decision is supported by substantial evidence.”

Record development is driven by evidentiary sufficiency and prejudice. Porcelli does not require another consultative opinion when the existing record supports an informed decision and contains no unfair evidentiary gap; the claimant retains the burden to establish disability.

“an ALJ is not required to order a consultive examination when the record contains sufficient evidence for the ALJ to make an informed decision.”

Childhood-disability domains are evaluated separately within the whole-child analysis. A marked limitation in attending and completing tasks does not automatically require a marked limitation in acquiring and using information when the broader record supports different findings.

“There is no such requirement that a finding of marked limitation in one functional domain mandates a similar finding in another functional domain.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Levine v. Wyeth, Inc.
8:09-cv-00854 · 2010-01-13
Summary judgment (defendant) Granted

“On January 13, 2010, the Honorable Anthony E. Porcelli, United States Magistrate Judge, issued a Report and Recommendation (Doc. # 76), recommending that the motion be granted in favor of Defendants. ... Defendants’ Motion for Summary-Judgment (Doc. # 44) is GRANTED.”

Kirby v. Commissioner of Social Security
8:23-cv-01188 · 2024-07-24
Social security appeal (plaintiff) Granted

“The decision of the Commissioner is REVERSED, and the matter is REMANDED to the Commissioner for further administrative proceedings.”

Bellow v. Commissioner of Social Security
8:23-cv-01049 · 2024-08-20
Motion for attorney fees (plaintiff) Granted

“Plaintiff’s Petition for Attorney’s Fees (Doc. 29) is GRANTED.”

Ayala v. Commissioner of Social Security
8:23-cv-00467 · 2024-03-05
Social security appeal (plaintiff) Denied

“The decision of the Commissioner is AFFIRMED.”

Graham v. Commissioner of Social Security
8:23-cv-00191 · 2024-03-14
Social security appeal (plaintiff) Granted

“The decision of the Commissioner is REVERSED, and the matter is REMANDED to the Commissioner for further administrative proceedings.”

Burgess v. Commissioner of Social Security
8:23-cv-00290 · 2024-03-07
Social security appeal (plaintiff) Denied

“The decision of the Commissioner is AFFIRMED.”

Ashcraft v. Commissioner of Social Security
8:23-cv-00344 · 2024-05-17
Motion for attorney fees (plaintiff) Granted

“Plaintiff’s Unopposed Motion for Attorney’s Fees (Doc. 20) is GRANTED.”

Heffner v. Commissioner of Social Security
8:23-cv-00404 · 2024-03-05
Social security appeal (plaintiff) Denied

“The decision of the Commissioner is affirmed.”

Kirby v. Commissioner of Social Security
8:23-cv-01188 · 2024-08-20
Motion for attorney fees (plaintiff) Granted

“Plaintiff’s Unopposed Motion for Attorney’s Fees (Doc. 29) is GRANTED.”

Griffin v. Commissioner of Social Security
8:23-cv-00880 · 2024-08-07
Social security appeal (plaintiff) Denied

“The decision of the Commissioner is affirmed.”

Bellow v. Commissioner of Social Security
8:23-cv-01049 · 2024-07-22
Social security appeal (plaintiff) Granted

“The decision of the Commissioner is REVERSED, and the matter is REMANDED to the Commissioner for further administrative proceedings.”

DeArce Reyes v. Commissioner of Social Security
8:23-cv-00123 · 2024-03-05
Social security appeal (plaintiff) Granted

“The decision of the Commissioner is REVERSED, and the matter is REMANDED to the Commissioner for further administrative proceedings.”

Caseload & timing

From public federal docket records for this judge.

The sampled civil docket is dominated by consent Social Security appeals, with additional attorney-fee matters and occasional referred civil recommendations. It is descriptive rather than comprehensive, and no authoritative case-disposition baseline was available for the period.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202500
Mar 202500
Sep 202400
Mar 202401
Sep 202301
Mar 202300
Sep 202200
Mar 202200
Sep 202102
Mar 202102
Sep 202001

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Middle District of Florida, not for Judge Porcelli: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed6,8965.5 months
Closed with no court action493.5 months
Closed before pretrial6,4925.2 months
Closed during or after pretrial31914.7 months
Closed during trial3624.2 months
12 months endingCases closedMedian time
Sep 20256,8965.5 months
Sep 20247,1155.6 months
Sep 20236,7775.5 months
Sep 20226,7816.7 months
Sep 20216,7496.2 months
Sep 20206,3926.2 months
Sep 20196,8305.7 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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