UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
OPEN CALENDAR PROCEDURE
The San Jose Division utilizes 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 San Jose division judge's calendar and serve
notice of that date and time without first having to obtain the date and time
from the calendar clerk. Procedures for each Judge is provided below.
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.
Open Calendar Procedure for Judge Johnson
Stephen L. Johnson, Bankruptcy Judge
Tanya Bracegirdle, Courtroom Deputy for Judge Stephen Johnson
1. Types of proceedings that may be set in accordance with the Open Calendar
for Relief from Stay for San Jose Chapter 7 and Chapter 11 cases, on
designated Tuesdays at 10:00 a.m.
for Relief from Stay for Chapter 13 cases, on designated Tuesdays at 10:30
in Chapter 7 and Chapter 11 main cases, on designated Wednesdays at 2:00
Accounts, on designated Wednesdays at 1:30 p.m.
Applications for Chapter 7 or Chapter 11 cases, on designated Wednesdays
at 1:30 p.m.
11 status conference hearings on designated Thursdays at 10:00 a.m.
11 Disclosure Statement and Confirmation hearings, on designated Thursdays
at 1:30 p.m.
matters relating to the Chapter 13 main cases, on designated Thursdays at
in adversary cases, on designated Mondays at 1:30 p.m.
2. The Open Calendar Procedure will not be available for
Management Conferences in adversary cases
The Case Administrator will select the date and time for the initial
Case Management Conference before issuing the summons.
11 hearing on confirmation of plan.
Following the approval of the disclosure statement, the court will
schedule the date and time for the hearing on confirmation of plan.
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.
in adversary proceedings.
All trials will be assigned a date and time by Judge Johnson.
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 affected parties. Once
Judge Johnson has reviewed the application, a law clerk or courtroom
deputy will telephone with the date and time of the hearing as well as any
special instructions regarding notice.
set by the court pursuant to an order to show cause.
a. In order to utilize the Open Calendar Procedure, counsel should select an
available date and time as shown on the appropriate attached list for the judge
assigned the main case. The lists will also be posted on the court's Internet
website at http://www.canb.uscourts.gov.
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
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
of11 U.S.C. §362(e).
c. No later than three days after the service on other parties, counsel
should file all appropriate papers with the court. Counsel need not include
copies of deeds of trust with motions for relief from stay or motions to avoid
liens or similar motions. The court will request such copies if necessary.
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, Tanya
Bracegirdle, by telephone at 408-278-7556 or by e-mail at email@example.com.
A minimum notice of 24 hours for any continuance is encouraged. 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 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,
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