The court encourages all parties to set matters using the Open Calendar Procedure whenever possible. The courtroom deputy for each judge will be available by telephone to schedule hearings not available for setting on the open calendar, or as needed for emergency matters.

1.         Types of proceedings that may be set in accordance with the Open Calendar Procedure:

•     Motions for Relief from Stay for San Jose Chapter 7 and Chapter 11 cases which are heard on designated Wednesdays at 11:00 a.m. in Courtroom 3070.
•     Motions for Relief from Stay for Chapter 13 cases which are heard on designated Wednesdays at 2:30 p.m. in Courtroom 3070. These hearings are all conducted telephonically in San Jose.

Note: All motions for relief from stay are to be served with a copy of Judge Morgan's Order Setting Telephonic Hearing for Relief from Automatic Stay which is available on the court's Internet website under Division and Judges' Procedures at http://www.canb.uscourts.gov [2]. Please note that this order is to be submitted for the Salinas Chapter 13 cases only. All relief from stay motions are to be accompanied by a Relief from Stay coversheet [3].

•    Motions in Chapter 7, Chapter 11 and Chapter 13 main cases which are heard on one designated Friday per month at 11:00 a.m. in Courtroom 3070.
•     Final Accounts which are heard on one designated Tuesday per month in Courtroom 3070.
•     Fee Applications for Chapter 7 or Chapter 11 cases which are heard on one designated Tuesday per month in Courtroom 3070.
•     Motions in adversary cases which are heard one designated Friday per month at 11:00 a.m. or 11:30 a.m. in Courtroom 3070.
•     Chapter 11 Disclosure Statement hearings which are heard on designated Thursday per month at 11:00 a.m. in Courtroom 3070.
•     Chapter 11 Confirmation of Plan hearing which are heard on designated Thursday per month at 11:00 a.m. in Courtroom 3070.
•    All matters relating to the Chapter 13 main cases, except for Motions for Relief from Stay, which are heard on one designated Friday per month at 10:00 a.m. in Salinas. Location: The Quadrangle, 1000 S. Main St., # 214, Salinas, CA.

Note: The court's form Order re Prehearing Conference on Objection to Claim is required to be served with all noticed hearings on objections to claims.

2.         The Open Calendar Procedure will not be available for the following:

•    Case Management Conferences in adversary cases

The Case Administrator will select the date and time for the initial Case Management Conference before issuing the summons.

•    Chapter 11 status conferences.

The court will schedule and notice a status conference on the first available status conference date after the date set for the Section 341 meeting of creditors.

•    Trials in adversary proceedings.

Counsel will be contacted by telephone by the courtroom deputy Millie McGowan and advised of the exact date and time for trial.

•   Any matter requiring an order shortening time.

An application for an order shortening time under B.L.R. 9006-1 [4] is required before a hearing date will be set. Counsel should include preferred calendar dates,  the notice proposed to affected parties, and a proposed order.  Once Judge Morgan has reviewed the application, she will issue the order setting the date and time of the hearing and specifying any special instructions regarding notice, as appropriate.

•  Matters set by the court pursuant to an order to show cause.

3.         Procedure for scheduling a hearing:

a.         In order to utilize the Open Calendar Procedure, counsel should select an available date and time from the appropriate calendar dates listed for the judge assigned to the main case. The list of available dates will be posted on the court's Internet website at http://www.canb.uscourts.gov under Calendars [5]. Available dates for each calendar year will be updated regularly and are subject to change. The lists of available dates will also be placed on bulletin boards in the clerk's office and outside of each judge's courtroom. The date selected must be no earlier than as required by applicable national or local rules, as nothing in this Open Calendar Procedure alters applicable time limits.

b.         After selecting an available date and time, counsel should serve proper notice of the matter in accordance with applicable rules.

Note: If a motion for relief from stay is set by a party in accordance with this Open Calendar Procedure more than thirty days after the date the motion is filed, the party will be deemed to waive the thirty-day limitation of 11 U.S.C. §362(e) [6].

c.         No later than three days after the service on other parties, counsel should file all appropriate papers with the court, including one copy marked "Judge's Copy" and one copy marked "Clerk's Copy."

d.         Once a matter is set by the Open Calendar Procedure, with the exception of certain matters in adversary proceedings or matters noticed to all creditors, continuances may be handled through the assigned judge's courtroom deputy, Millie McGowan [1], by telephone at (408) 535-5004 or by e-mail at millie_mcgowan@canb.uscourts.gov [1]. A minimum of three days’ written notice of any continuance is required. Counsel must receive either written confirmation of a continuance by e-mail or telephonically from the courtroom deputy. Written stipulations and a proposed order are required for all Case Management Conferences, Pre-Trials and scheduled Trials. Matters noticed to all creditors must be continued on seven days’ written notice or in open court.

e.         Counsel must not request that the courtroom deputy call back to confirm that the matter has been placed on the calendar. Counsel desiring confirmation that a matter has been placed on the calendar by the Open Calendar Procedure should review the published calendars in the local legal newspapers, posted outside the division's courtrooms or its calendar on the bankruptcy court's Internet site.

f.          Failure to comply with the foregoing Open Calendar Procedure will result in the matter not being placed on calendar.

Note: Occasionally there may be a need to reschedule matters that have been placed on the calendar in accordance with this Open Calendar Procedure. Typically this will be because of calendar congestion or unforeseen schedule changes. In those instances the judge's courtroom deputy will contact the moving party as soon as possible so that a notice of a rescheduled hearing may be disseminated.