Judge's Court Announcements

Monday, June 23, 2014

PROCEDURES FOR SUBMITTING PROPOSED ORDERS
Section VII(D) of the local Administrative Procedures, accessible on our court website at http://www.lamb.uscourts.gov/adminstrative-procedures, specifies the process for submitting proposed orders and the specific language that must be included the subject line of the submitting email.  The email subject line is crucial because the court's server sorts orders into different places on its email system based on the subject line's format.
Effective immediately, chambers staff will no longer be sending emails detailing the problems with orders improperly submitted.  Emails that do not comply with Local Rule 9013-5 as implemented by Administrative Procedures section VII(D) will be deleted.
Please have your staff review the court's procedures for submitting orders and review the procedure with any new employees.
 
DEADLINES FOR PLAN AMENDMENTS
Remember that filing deadlines for amended plans changed with the Local Rules update October 1, 2013.
LR 3015-4  Amended and Modified Chapter 13 Plans
3015-4(a)(3):  Plans amended before confirmation shall be filed and served, no later than 8 days before the scheduled confirmation hearing, on the chapter 13 trustee and every party entitled to notice as a result of the effect of the amended plan on its claim. If an amended plan cannot be filed before this deadline, then please move to continue the confirmation hearing.  Additionally, if an amended plan, even if timely filed, materially changes a creditor's plan treatment, a party in interest should move to continue the confirmation hearing to allow time to address the change.
The rule now only specifically addresses amended plans but future local rules amendments will make these changes applicable to modified plans as well.
           
DEADLINE FOR CONTINUANCES AND WITHDRAWING FILINGS
Motions to continue Wednesday hearings must be filed, and a proposed order submitted, by 5:00 p.m. the Monday before the hearing.
LR 9014-3  Motions to Continue Hearings
(a)   Timeliness.  Motions to continue hearings shall be filed no later than 5:00 p.m. 2 days before the hearing, absent good cause.  (LR 9014-3(a)).
 
LR 9014-4 Motions to Withdraw Pleadings
(a) Timeliness. Motions to withdraw pleadings shall be filed no later than 5:00 p.m. 2 days before the hearing, absent good cause.
(b) Proposed Order. Mover shall contemporaneously submit a proposed order pursuant to Local Rule 9013-1(d).
1.     Please remember that this includes ALL motions to withdraw including those to withdraw motions for stay relief and objections, including
        a.     objections to confirmation
        b.     objections to claims
2.     Notices of withdrawal are no longer sufficient.
In most cases, hearings are set on Wednesday so the filing deadline is Monday at 5:00 p.m.  However, if Monday is a federal holiday (or the court is closed on Monday for any other reason), the filing deadline will be Tuesday at noon.
 
Continuances of Matters Previously Noticed for Hearing
(a)   Occasionally matters are not ready for disposition on the date for which they were originally noticed.
(b)  When that happens please move to continue the hearing.
(c)   An amended pleading with a new notice of hearing, or an amended notice of hearing, will not, alone, remove the matter from the docket for the original hearing date.
(d)  The court's electronic docketing system does not automatically update hearing dates; the clerk must do it manually.
(e)   Please move to continue to a new date matters previously noticed or set for a hearing, when the original motion is amended or you decide the hearing date must be changed for any reason.
(f)   Do not simply file an amended pleading with a new notice of hearing or an amended notice of hearing.
 
CERTIFICATES OF SERVICE
Local Rule 9013-4 requires users to file certificates of service as separate documents in the CM/ECF filing system.  This means each certificate of service must have a separate docket entry number.
The clerk’s office no longer sends out deficiency notices for incorrectly filed or missing certificates of service.
Pleadings filed without a certificate of service, or with the certificate of service included on a motion or memorandum but not separately docketed, will be stricken and hearing dates may be lost.
There will be no more emails or calls from the court about certificate of service deficiencies.
Please share this with your staff.