+Adversary Proceedings:
When answers to complaints have been filed with the
Court, the Court will issue its Order for Compliance with Rule
7026, F.R.Bankr.P. (Rule 26(f), Fed.R.Civ.P.) and Notice of Telephonic
Scheduling Conference. Please note that failure to file the
report pursuant to Fed.R.Bankr.P. 7026(f) may result in sanctions
against the non-filing party.
After the scheduling conference has been held, the Court will issue its
Order and Notice of Trial Pursuant to Fed.R.Bankr.P. 7016 (Fed.R.Civ.P.
16(b). This Order will outline various deadlines and notice the
final pretrial conference, if necessary, and the date for trial.
+Chapter 13 Confirmation Procedures:
+Copies for Chambers:
Pursuant to
GPO 2001-8 (Attachment at Paragraph
II.A.5), parties who file electronic documents with the Court are to
provide Chambers with a hard copy of 1) Chapter 11 disclosure statement;
2) Chapter 11 plan of reorganization; 3) Motions for Summary Judgment
(and all supporting documents); and 4) any other document requested by
chambers.
Counsel who file documents (by hand) within twenty-four hours of a
hearing should always provide a courtesy copy of the filing to chambers
+Exhibits:
The Court requires an original and one copy of all
exhibits for hearing or trial. The original is for the witness, the copy
is for the Court. Counsel shall provide copies of all exhibits to
opposing counsel prior to trial.
Exhibits shall be marked for identification -- numbers for Plaintiffs,
letters for Defendants.
+Motions:
Amended GPO 2001-8, issued December 2, 2002, states
that
every motion filed with the Court shall include a proposed order
(on a separate piece of paper) submitted concurrently with the Motion.
Failure to provide a proposed order when filing a motion will result in
delays in processing.
+Proposed Orders:
+Telephonic Hearings:
If you have a telephonic hearing on the Court’s docket,
you will be contacted by the Court for the hearing. Please be aware that
some hearings, because they are on a trailing docket, may be delayed.
Counsel shall remain available until contacted by the Court.
+Trailing Trial Dockets:
Due to increasingly large numbers of adversary
proceedings, it is often necessary to set trials on a trailing trial
docket. The following procedures will be adopted in Courtroom B:
- The docket will be called at 9:00 A.M. to determine
whether any matters have been resolved and can be stricken from the
docket.
- Cases will be tried in the order scheduled, with the first trial
to commence IMMEDIATELY AFTER THE DOCKET CALL AT 9:00 A.M.
At the completion of the first case on the docket the Court will
immediately commence the trial on the second case, and will proceed
through the docket in this manner.
- The parties shall be present in the courtroom with their
witnesses and prepared for trial when the docket is called at 9:00
A.M. and when their case is called. If one party is absent or not
prepared to proceed when the docket is called or a case is called,
judgment will be forthwith entered in favor of the party present. If
both parties are absent, the case called will be dismissed.
- Trial briefs or memoranda, though not mandatory, may be filed to
assist the court in its deliberations. Any such briefs should be
filed approximately one full week prior to the trial date to afford
adequate time for the Court's review.
- If a matter is settled, Plaintiff will be responsible to
promptly advise the court. In the event the matter is resolved,
however, the trial shall be vacated only upon (1) receipt of a
stipulation or agreement of the parties no later than the day before
the scheduled trial, or (2) appearance by at least one of the
parties at the trial, in person or via telephone, who shall read the
agreement into the record.
- Continuances will rarely be granted and only for exceptional
circumstances. Motions for continuance filed shortly before trial
will be summarily denied, unless good cause is shown.
+Vacation Hearings :
If you have reached a settlement of issues before the
Court, please notify the Court as soon as possible if it is your
intention to vacate a hearing. Hearings will only be vacated upon the
receipt of a stipulation or agreement between the parties. In the
alternative, if a stipulation or agreement is in process, one of the
parties may appear at the hearing (or arrange for the hearing to be
telephonically conducted) to read the stipulation/agreement into the
record.