Virginia M. Hernandez Covington

How Judge Covington rules, drawn from 32 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Middle District of Florida
Position
District judge
Status
Senior status
Appointed by
George W. Bush (Republican)
Commissioned
September 10, 2004
Education
University of Tampa (B.S., cum laude, 1976); University of Tampa (M.B.A., 1977); Georgetown University Law Center (J.D., 1980)
Signed orders read
32

About Judge Covington

Virginia Maria Hernandez Covington is a judge of the United States District Court for the Middle District of Florida. Appointed by President George W. Bush, Judge Covington received a commission on September 10, 2004. Judge Covington assumed senior status on July 12, 2020.

Judge Covington's practices and standing orders

Rules for cases before Judge Covington, 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

Filing

Provide a courtesy copy when an electronically filed motion exceeds 100 pages including attachments.

“When filing motions electronically, it is not necessary to submit a courtesy copy to chambers unless the motion exceeds 100 pages in length, including exhibits and attachments.”

Motions

A summary judgment motion must include a Statement of Material Facts with separately numbered facts and pinpoint record citations.

“Each motion for summary judgment must include a section titled ‘Statement of Material Facts.’ The statement of material facts must list each material fact alleged not to be disputed in separate, numbered paragraphs.”

Conferences

Lead counsel must attend civil case management conferences in person.

“As such, the court requires lead counsel for the parties (as well as any pro se litigants) to attend the hearing in person.”

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 Covington decides

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

What persuades

In the reviewed employment decision, she entered summary judgment where documented misconduct supported the employer’s stated reason and the plaintiff lacked a valid comparator or evidence of pretext.

“An employer who fires an employee under the mistaken but honest impression that the employee violated a work rule is not liable for discriminatory conduct.”

In Douglas, investigative choices about citizenship verification fell within the federal discretionary-function exception, while the separately recognized malicious-prosecution claim remained outside that exception.

“Operating with limited resources, ICE must weigh various policy considerations in deciding which suspected aliens to detain, how to detain them, and how to investigate claims of citizenship by detained aliens.”

In the Davis bankruptcy appeal, she distinguished disallowance of a claim against the estate from discharge of the underlying domestic-support debt and reversed the injunction against state enforcement.

“Rather, this Court holds that the State should not have been enjoined from presenting the issue of Mr. Davis’s possible child-support obligations in the State court, even after the Bankruptcy Court entered its order confirming Mr. Davis’s Chapter 11 Plan.”

In Harrell's, she treated a contract's binding impasse determination as arbitration despite its mediation label, then applied the clause to all claims grounded in the parties' operational deadlock.

“if an agreement specifies in detail a dispute resolution procedure which it calls ‘mediation’ (or anything else) but which is, in substance, FAA ‘arbitration,’ substance controls over title.”

In Martin, she denied a request for a Franks hearing after finding probable cause remained even without the challenged affidavit statement.

“Because the affidavit established probable cause to search Target Location 2 even without the challenged statement, a Franks hearing is not warranted.”

Compliance with supervision and steady employment did not, on their own, justify early termination of a lifetime supervised-release term in Gangadhar. Covington considered continuing monitoring necessary and left open reconsideration after fifteen years of supervision.

“his behavior does not rise to the level”

In Bryant, Covington dismissed consumer reporting claims for lack of standing because the amended complaint did not allege disclosure of inaccurate information to a third party or concrete consequences from the alleged file errors. She allowed a further amendment.

“Ms. Bryant fails to establish Article III standing.”

In Grant, Covington denied dismissal of an age-discrimination claim despite the absence of a named younger replacement, crediting the pleaded remarks, reassignment of work, and termination at this stage.

“no allegation of a younger replacement is required at all.”

Procedural preferences

On Rule 12(b)(6), she confined review to the pleadings and declined to resolve fact-dependent coverage questions before development of the evidentiary record.

“Upon due consideration, the Court needs more information to determine whether coverage exists. However, such review should come at the summary judgment stage, not the motion to dismiss stage.”

In Suomen Colorize, she transferred a patent case where the foreign plaintiff had no Florida connection and the accused technology, witnesses, and records were centered in Colorado.

“Because Suomen is not from the Middle District of Florida and the operative facts did not occur in the Middle District of Florida, the Court affords minimal deference to Suomen’s choice of forum in the Middle District of Florida.”

In Bechtelheimer, she allowed timely joinder of a connected nondiverse defendant and remanded rather than require parallel personal-injury suits in state and federal court.

“Last, this Court finds that multiple lawsuits dispersed between the state and federal court are not the most efficient use of judicial resources.”

In NAV, she dismissed a complaint without prejudice because it grouped thirteen defendants together without specifying each defendant’s alleged acts, and allowed amendment.

“Without more detail about what each Defendant is alleged to have done that violated the law, the complaint commits the cardinal sin of shotgun pleadings”

In Wall, Covington deferred requested habeas discovery while she first reviewed the claims on the existing record. She denied access to physical evidence without prejudice, allowed a renewed request if more facts proved necessary, and set a thirty-day merits reply.

“Wall may renew his discovery request if, following”

In a removed negligence case, Covington ordered remand on her own initiative when the removing parties had not established the required amount in controversy. No party's motion was resolved.

“The Clerk is directed to REMAND this case to state court”

In the Alvarez Mirabal criminal case, Covington excluded a proposed entrapment-by-estoppel defense when the defendant relied on assurances attributed to a private associate and another defendant rather than a federal official’s direct communication.

“she cannot rely on assertions made by Mr. Goudreau alone.”

In the Oasis civil-contempt case, Covington denied reconsideration after finding the respondent supplied no newly discovered evidence or manifest error under Rule 59(e).

“Because Mr. DaCorta does not present newly-discovered evidence regarding his violation of the Consolidated Order or demonstrate any manifest errors of law or fact, he has not established grounds for relief under Federal Rule of Civil Procedure 59(e).”

Signed rulings

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

Levine v. Wyeth Inc.
(reported, M.D. Fla.) · 2010-02-10
Summary judgment (defendant) Granted

“Judge Porcelli's Report and Recommendation (Doc. # 76) is ADOPTED, CONFIRMED, and *1341 APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. (2) Defendants' Motion for Summary-Judgment (Doc. # 44) is GRANTED.”

Washington v. School Board of Hillsborough County
(reported, M.D. Fla.) · 2010-08-03
Summary judgment (defendant) Granted

“Defendant's Motion for Summary Judgment (Doc. # 75) is GRANTED.”

Motion for sanctions (defendant) Denied

“Defendant's Motion for Sanctions against Plaintiff for Failure to Attend Court Ordered Mediation (Doc. # 58) is DENIED.”

Motions to strike (plaintiff) Denied

“Plaintiffs Motion to Strike Defendant's Motion for Sanctions (Doc. # 66) is DENIED.”

Kelliher v. Target National Bank
(reported, M.D. Fla.) · 2011-11-23
Motions to dismiss (defendant) Denied

“Defendant Target National Bank's Motion to Dismiss Plaintiffs Verified Complaint (Doc. # 4) is DENIED.”

Homes by Deramo, Inc. v. Mid-Continent Casualty Co.
(reported, M.D. Fla.) · 2009-09-14
Motions to dismiss (defendant) Denied

“Defendant Mid-Continent's Motion to Dismiss (Doc. # 7) is DENIED.”

Hetrick v. Ideal Image Development Corp.
(reported, M.D. Fla.) · 2010-12-21
Summary judgment (defendant) Denied

“(1) Ideal Image Development Corporation’s Motion for Final Summary Judgment (Doc. # 163) is DENIED.”

Summary judgment (plaintiff) Granted in part

“Randy and Cindy Hetrick’s Motion for Partial Summary Judgment as to the first element of their Florida Deceptive and Unfair Trade Practices Act claim (Doc. # 165) is DENIED. ... (4) Randy and Cindy Hetrick’s Motion for Partial Summary Judgment as to Ideal Image’s affirmative defense B is GRANTED.”

CFBP, LLC v. U.S. Bank, National Ass'n
(reported, M.D. Fla.) · 2011-07-06
Summary judgment (defendant) Denied

“Defendant U.S. Bank, National Association’s Motion for Summary Judgment as to Counts I, III, IV, V, VI, and VII Asserted by CFBP and as to Counts III, IV, and V of Defendant’s Counterclaim and Third-Party Claim (Doc. # 54) is DENIED.”

Kemin Foods, L.C. v. OmniActive Health Technologies, Inc.
(reported, M.D. Fla.) · 2009-07-30
Motions to dismiss (defendant) Denied

“Defendant OmniActive Health Technologies Private Limited’s Motion to Dismiss (Doc. # 115) is DENIED.”

American Casualty Co. v. Health Care Indemnity, Inc.
(reported, M.D. Fla.) · 2009-04-29
Summary judgment (defendant) Granted

“(1) Defendant HCFs motion for summary-judgment (Doc. # 103) is GRANTED.”

Summary judgment (plaintiff) Denied

“(2) Plaintiff ACC’s motion for summary judgment (Doc. # 105) is DENIED.”

Motions to strike (plaintiff) Moot / procedural

“(3) Plaintiff ACC’s motion to strike, in whole or in part, the affidavit of Philip J. Spengler, II, Esq. filed in support of HCFs motion for summary judgment (Doc. # 117) is DENIED AS MOOT.”

U.S. ex rel. Bane v. Breathe Easy Pulmonary Services, Inc.
(reported, M.D. Fla.) · 2009-01-23
Summary judgment (defendant) Denied

“(1)Breathe Easy Pulmonary Services, Ine.’s and Premier Cardio Pulmonary Medical, Inc.’s Motion for Summary Judgment (Doc. # 201) is DENIED.”

Summary judgment (defendant) Granted

“(2) Lincare’s Motion for Summary Judgment (Doc. # 199) is GRANTED.”

School Board of Manatee County, Fla. v. L.H.
(reported, M.D. Fla.) · 2009-09-30
Motions to dismiss (plaintiff) Granted in part

“Plaintiff's Motion to Dismiss Counterclaim (Doc. # 17) is GRANTED as to Counts I and IV and DENIED in all other respects.”

Lowe v. STME, LLC
(reported, M.D. Fla.) · 2019-02-05
Motions to dismiss (defendant) Granted in part

“Defendant STME, LLC's Motion to Dismiss Plaintiff Kimberly Lowe's First Amended Complaint (Doc. # 22) is GRANTED IN PART AND DENIED IN PART .”

United States ex rel. Stepe v. RS Compounding LLC
(reported, M.D. Fla.) · 2018-01-10
Motions to dismiss (defendant) Granted

“(1) Defendants RS Compounding LLC and Renier Gobea's Motion to Dismiss Relator's Second Amended Complaint (Doc. # 97) is GRANTED .”

Motions to dismiss (defendant) Granted

“(2) Defendant Stephen Caddick's Motion to Dismiss Relator's Second Amended Complaint (Doc. # 93) is GRANTED .”

Caseload & timing

From public federal docket records for this judge.

  • The reviewed 2019-2021 Tampa civil cases include False Claims Act matters, wage-and-hour and family-leave disputes, disability-access suits, consumer claims, contracts, and removed insurance-coverage cases.
  • Many ended within months through settlement or voluntary dismissal, while False Claims Act matters often remained under seal before settlement or dismissal after the United States declined to intervene.
  • As a result, relatively few reached a contested dispositive ruling.
  • The description reflects the reviewed cases rather than a caseload-wide rate.

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 202400
Sep 202300
Mar 202300
Sep 202200
Mar 202200
Sep 202100
Mar 202100
Sep 202000

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 U.S. District Court for the Middle District of Florida, not for Judge Covington: 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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