Judge Novack's Open Calendar Procedure

Revised: 
Friday, September 1, 2023

OPEN CALENDAR PROCEDURE FOR JUDGE NOVACK

United States Bankruptcy Court
Northern District of California
Courtroom 215
1300 Clay Street
Oakland, California 94612

Revised: September 1, 2023

Judge Novack uses an Open Calendar Procedure for scheduling certain matters. This procedure allows counsel to self-select a designated date and time on the appropriate calendar and serve notice of that date and time without first having to obtain the date and time from the Courtroom Deputy.

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.  Ruby Bautista, Judge Novack’s Courtroom Deputy, will be available by telephone to schedule hearings not available for setting on the open calendar, or as needed for emergency matters.  Her contact information is: Ruby Bautista, (510) 879-3529, ruby_bautista@canb.uscourts.gov

Note: Unless otherwise noted, all hearings should be noticed in compliance with
Judge Novack’s Practices and Procedures for Hearings


1.    Types of proceedings that may be set in accordance with Open Calendar Procedure:

a.    Motions for Relief from Stay in all chapters are heard on designated Fridays at 10:00 a.m.

b.    Motions in Chapter 7 and Chapter 11 main cases are heard on designated Fridays at 11:00 a.m.

c.    Reaffirmation Agreements are heard on designated Fridays at 11:00 a.m.

d.    Final accounts and Fee Applications for Chapter 7 and Chapter 11 cases are heard on designated Fridays at 11:00 a.m.

e.    Chapter 11 Disclosure Statement and Confirmation of Plan hearings are heard on designated Fridays at 11:00 a.m.

f.    Motions in adversary cases in all Chapters are heard on designated Fridays at 11:00 a.m.

g.    Motions in Chapter 13 main cases are heard on either (i) designated Fridays at 11:00 a.m. or (ii) the fourth Tuesday of the month at 1:30 p.m.

h.    Chapter 13 Plan Confirmation hearings and Motions requiring the presence of the Chapter 13 Trustee are heard on the fourth Tuesday of the month at 1:30 p.m.

i.    Santa Rosa matters are heard on the first and third Wednesdays of the month at 11:00 a.m.  These matters may also be set on the Friday “Oakland” calendars.
 

2.    The Open Calendar Procedure is not available for the following:

a.    Case Management Conferences in adversary cases.
       i.    The Case Administrator will select the date and time for the initial Case Management Conference before issuing the summons.

b.    Chapter 11 status conferences.

c.    Trials in adversary proceedings and contested matters.

d.    Any matter requiring an order shortening time.
       i.    An application for an order shortening time under B.L.R. 9006-1 is required before a hearing date will be set.  Parties should refer to Judge Novack’s Practices and Procedures for Hearings on how to calendar motions on shortened time.

e.    Matters set by the court pursuant to an order to show cause.
 

3.    Procedure for scheduling a hearing.

a.    In order 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 Procedures 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.

c.    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, Ruby Bautista, by telephone at (510) 879-3529 or by e-mail at ruby_bautista@canb.uscourts.gov.  Parties should refer to Judge Novack’s Practices and Procedures for Hearings on how to continue or withdraw calendared matters.

d.    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 on the bankruptcy court's web site.

e.    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.