3. Procedure for scheduling a hearing:
a. 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. Available dates for each calendar year will be updated regularly and are subject to change. 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 notice/time time limits.
b. After selecting an available date and time, counsel should serve proper notice of the matter in accordance with applicable rules.
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, by telephone at (408) 278-7578 or by e-mail at email@example.com. 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.