Judge Novack's Open Calendar Procedure


The San Jose Division uses an Open Calendar Procedure for the scheduling of certain matters. This procedure allows counsel to self-select a designated 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 Courtroom Deputy. Each Judge’s Procedures are provided below.
The court encourages all parties to set matters using the Open Calendar Procedure whenever possible. The designated dates are set forth on the Court’s website.  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 Novack
Note: Unless otherwise noted, all hearings should be noticed for Courtroom 3070 in San Jose
Charles Novack, Bankruptcy Judge
Courtroom 3070
280 South First Street
San Jose, CA
(for San Jose hearings)
Salinas Quadrangle
1000 South Main Street, Suite 214
(for Salinas hearings)
Millie McGowan
Courtroom Deputy for Judge Charles Novack
(408) 278-7578
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 are heard on designated Wednesdays at 2:00 p.m. in Courtroom 3070.

  • Motions for Relief from Stay for Chapter 13 cases are heard on designated Wednesdays at 3:00 p.m. in Courtroom 3070.  These hearings are all conducted telephonically in San Jose.

    Note: A copy of Judge Novack’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) must be filed and served in all Chapter 13 relief from stay motions.  The court has significantly changed this order, which changes will take effect for all Chapter 13 relief from stay motions filed after January 1, 2011.

  • Motions in Chapter 7, Chapter 11 main cases are heard on the Law and Motion calendar on designated Fridays at 2:00 p.m. as posted on the website in Courtroom 3070.

  • Final Accounts and Fee Applications for Chapter 7 and Chapter 11 cases are heard on designated Tuesdays at 2:00 p.m. in Courtroom 3070.

  • Chapter 11 Disclosure Statement and Confirmation of Plan hearings are heard on designated Thursdays at 11:00 a.m. in Courtroom 3070.
  • Motions in adversary cases which are heard on designated Fridays at 2:00 p.m. in Courtroom 3070.
  • Hearings on Confirmation of Chapter 13 Plan, Fee Applications, and Objections to Claims are heard on one designated Friday per month at 10:00 a.m. in Salinas, 1000 S. Main St., # 214, Salinas, CA.  The court will post tentative rulings for this calendar the Thursday before the Friday heairng.
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.

  • Trials in adversary proceedings.

  • 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, the notice proposed to affected parties, and a proposed order. Once Judge Novack has reviewed the application, he 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. 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 millie_mcgowan@canb.uscourts.gov. 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.