OPEN CALENDAR PROCEDURE FOR JUDGE M.
ELAINE HAMMOND
United States Bankruptcy Court
Northern District of California
Oakland Division
Beginning with hearings to be held after
March 1, 2012, Judge M. Elaine Hammond will use an open calendar procedure for
the scheduling of certain matters. This procedure will allow counsel to
self-select an available date and time on the appropriate calendar and serve
notice of that date and time without first having to obtain the date and time
from the calendar clerk.
The court encourages all parties to
set matters using the open calendar procedure whenever possible. Ruby Bautista,
Judge Hammond's courtroom deputy, will be available by telephone to schedule
hearings not available for setting on the open calendar, or as needed for
emergency matters. Her contact information is: Ruby Bautista, (510)879-3529, or
ruby_bautista@canb.uscourts.gov
1.Types of proceedings that may be set using the open calendar
procedure:
Motions in the main case in chapter 13 cases: on designated
Thursdays at 9:30 a.m.
Motions in the main case in Chapter 7 and 11 cases: on designated
Thursdays at 10:30 a.m.
Motions in adversary proceedings: on designated Mondays at 11:00
a.m.
Motions for relief from stay: on designated Fridays at 10:00 a.m.
All matters relating to chapter 13 cases requiring the presence of
the chapter 13 trustee: on designated Tuesdays at 10:00 a.m. when chapter 13
confirmation hearings take place. These
confirmation hearing dates will be announced in advance on a quarterly basis
and posted in Judge Hammond's calendar section on the Court's website.
2.The open calendar procedure is not available for the following:
Case management conferences in adversary proceedings.
The Case Administrator will select the
date and time for the initial Case Management Conference before issuing the
summons.
Plan confirmation hearings in chapter 11 cases.
Following the approval of the
disclosure statement, the court will schedule the date and time for the hearing
on confirmation of plan.
Status conferences in chapter 11 cases.
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. Status conferences are generally
held on Thursdays at 10:30 a.m.
Trials in adversary proceeding.
All trials will be assigned a date and time and a pretrial order will be
issued.
Any matter requiring an order shortening time.
An application for an order shortening
time under B.L.R. 9006-1 is required before a hearing date will be set.
Counsel should include preferred calendar dates and the notice proposed to be
given to affected parties. Once the application has been reviewed, chambers
will contact counsel with the date and time of the hearing as well as any special
instructions regarding notice.
Matters set by the court pursuant to an order to
show cause.
Any matter in
which the parties anticipate more than 30 minutes of court time will be
required.
Hearings on
Reaffirmation Agreements.
The court will issue an order setting
hearing on Approval of Reaffirmation Agreement and Delaying Entry of Discharge.
Hearings on Reaffirmation Agreement are generally held on Thursdays at 11:30
a.m.
3.Procedure:
a. In order to utilize the open calendar procedure, counsel should select an
available date and time as shown on the list of dates posted in Judge Hammond's
calendar section on the court's website. 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
hearing on a motion for relief from stay is set in accordance with this open
calendar procedure more than thirty days after the date the motion is filed,
the party will be deemed to have waived the thirty-day limitation of 11 U.S.C.
§ 362(e).
c. No later than three days after the service on other parties, counsel
should provide chambers with copies of all appropriate papers in accordance
with Judge Hammond's chambers copies policy explained in her
Practice and Procedures section on the court's website.
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 Judge's courtroom deputy. A minimum
notice of 24 hours for any continuance is encouraged. Counsel must receive
e-mail or telephonic confirmation of a continuance from the courtroom deputy.
Written stipulations and a proposed order are required for continuance of all
case management conferences, pre-trials and scheduled trials. Matters noticed
to all creditors must be continued 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 calendar on the bankruptcy court's website.
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
courtroom deputy will contact the moving party as soon as possible so that a notice
of a rescheduled hearing may be disseminated.
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