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 Efremsky'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.
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 Efremsky's chambers copies
policy explained in his Practice and Procedures section on the
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