7003-1. Cover Sheet.
Every complaint initiating an adversary proceeding and every notice of removal pursuant to Fed. R. Bankr. P. 9027 shall be accompanied by a completed Adversary Proceeding Cover Sheet in a form prescribed by the Clerk. Adversary Proceeding Cover Sheets shall be available in the Office of the Bankruptcy Clerk Clerk and on the court’s website at www.canb.uscourts.gov.
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7007-1. Motions In Adversary Proceeding.
(a) Time. Except as otherwise ordered, and except for motions made during the course of trial, all motions shall be filed and served at least 28 days before the hearing date.
(b) Opposition. Any opposition to a motion shall be filed and served at least 14 days before the hearing date.
(c) Statement of No Opposition. If the party against which the motion is directed does not oppose the motion, that party shall file a Statement of No Opposition within the time for filing and serving any opposition.
(d) Counter-Motions. Together with an opposition, a party responding to a motion may file a counter-motion related to the subject matter of the original motion. Such counter-motion shall be noticed for hearing on the same date as the original motion.
(e) Reply. Any reply to an opposition, or opposition to a counter-motion, shall be filed and served by the moving party at least 7 days before the hearing.
(f) Motion Papers. B.L.R. 9013-1 shall apply to motions filed in adversary proceedings.
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7016-1. Case Management and Discovery.
Except as otherwise ordered, the following provisions of the Federal Rules of Civil Procedure, as amended, shall not apply in any adversary proceedings or contested matters:
(a) That portion of FRCivP 16(b) that fixes a deadline for entry of a scheduling order;
(b) FRCivP 26(a)(1)-(4);
(c) FRCivP 26(d)'s stay of discovery until completion of the meet-and-confer requirement of FRCivP 26(f);
(d) FRCivP 26(f);
(e) FRCivP 30(a)(2)(C);
(f) FRCivP 31(a)(2)(C); and
(g) Those portions of FRCivP 32(a), 33(a), 34(b), and 36(a) that incorporate the requirements of FRCivP 26(d).
Comment re validity of rule: B.L.R. 7016-1(b)-(g) is inconsistent with the amendments to Rule 26 of the Federal Rules of Civil Procedure that became effective December 1, 2000. The amendments to Rule 26 are applicable in bankruptcy proceedings via Rule 7026 of the Federal Rules of Bankruptcy Procedure. Thus, the provisions of B.L.R. 7016-1 (b)-(g) are invalid and ineffective as of December 1, 2000.
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7042-1. Related Adversary Proceedings.
(a) Related Adversary Proceedings. Any adversary proceeding is related to another when both concern:
(1) Some of the same parties and is based on the same or similar claims; or
(2) Some of the same property, transactions or events; or
(3) The same facts and the same questions of law; or
(4) When both adversary proceedings appear likely to involve duplication of labor or might create conflicts and unnecessary expenses if heard by different Judges.
(b) Notice of Related Adversary Proceedings. Whenever a party knows or learns that an adversary proceeding, filed in or removed to this Court, is (or the party believes that the action may be) related to another adversary proceeding which is or was pending in this Court, the party shall promptly file a Notice Of Related Adversary Proceeding. The Notice shall be filed in the later-filed adversary proceeding in which the party is appearing and shall be served on all known parties to each related case.
(c) Contents of Notice. A Notice of Related Adversary Proceeding shall include:
(1) The date the related adversary proceeding was filed and the current status of that proceeding; and
(2) The title and case number; and
(3) A brief statement of the relationship of the actions according to the criteria set forth in section (a) above.
(d) Transfer. The Court may, on its own motion or upon the motion of a party in interest, order an adversary proceeding transferred to another Bankruptcy Judge based on the Court's determination that the proceeding is related and that the transfer will promote efficient adjudication of the actions or avoid inconsistent or conflicting rulings.
(e) Procedure. A motion by a party in interest to transfer an adversary proceeding or proceedings shall be addressed to the Judge presiding in the earlier filed adversary proceeding and served on all known parties in each of the related adversary proceedings.
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