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Honorable Mark D. Houle
Houle, M.
Self Calendaring Tabs
Instructions
JUDGE HOULE'S SELF-CALENDARING INSTRUCTIONS
The self-calendaring system is designed to allow both counsel and parties to schedule hearing dates for matters heard on regular notice, without having to contact the Calendar Clerk to obtain a hearing date. Matters that do not require hearings may be filed in accordance with Local Bankruptcy Rule 9013-1(o)(1). Please refer to the appropriate Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules regarding the filing and service of motions.
I. The following matters
may not
be self-calendared:
Applications for orders shortening time
Matters heard on shortened notice or on an ex parte basis
Mass objections to claims (more than 20 objections set for a single hearing)
Motions for temporary restraining orders or preliminary injunctions
Motions for reconsideration
Status and Pre-trial Conferences - all chapters
Trials in adversary proceedings
Reaffirmation agreements
Matters requiring more than 15 minutes
Motions to Dismiss Adversary Proceedings
Motions for Summary Judgment
II. The following matters
may
be self-calendared:
Motions for relief from stay - chapters 7 and 13:
Tuesdays at 10:00 a.m.
Motions in adversary proceedings - chapter 7:
Wednesdays at 2:00 p.m.
Chapter 13 matters (except confirmation hearings):
Thursdays at 1:30 p.m.
Chapter 7 miscellaneous matters:
Wednesdays at 11:00 a.m.
Chapter 11 matters, including adversary proceedings, and motions for relief from stay:
Tuesdays at 2:00 p.m.
NOTE:
Before self-calendaring, refer to the calendar schedule below for a list of available dates.
III. Certain motions for relief from stay may be heard on shortened time without court order. The following categories
do not
require an application for order shortening time:
Residential unlawful detainer actions.
Post
-petition transfers of real property to the debtor.
Pre
-petition transfers to the debtor either within 30 days of the debtor's petition date, or involving a fractionalized interest in real property.
Motions to continue to reimpose the stay under §§362(c)(3) or (c)(4) only if 14 days notice is given to all interested parties including the secured creditor. (
Set hearing on Motion for Relief/Stay dates
)
If the movant wishes to have a motion heard on shortened time and it is not in one of the above categories, the movant must apply for an order shortening time or utilize emergency motion procedures under Local Bankruptcy Rule 9075-1.
NOTE:
Motions calendared on shortened time in accordance with this procedure must be filed with the Court and served on all parties entitled to receive notice of the motion so that the moving papers and notice of hearing
are received
not later than 5
court
days prior to the date of the hearing. Telephonic notice of the date, time and place of the hearing on the motion must also be given to all parties entitled to receive notice not later than 5
court
days prior to the hearing.
For matters that may be self-calendared, follow the steps outlined below
:
STEP 1
: Identify available dates and times for the type of matter that you want to calendar by referring to the monthly calendars posted in the Judge's courtroom or on the
Court's website
or by calling the Calendar Clerk for Judge Houle at (951) 774-1085.
NOTE:
Calendar dates are subject to periodic revision, so please verify that you are referring to the current version of the Judge's monthly calendar.
STEP 2
: Prepare a notice of hearing for the date and time you have selected.
NOTE
: By choosing a date for a relief from stay hearing that is greater than 30 days from the date you file your motion, you are deemed to have waived the time limits of Bankruptcy Code Section 362(e).
STEP 3
: Give sufficient notice of all matters to all parties entitled to receive such notice pursuant to the applicable provisions of the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure. Schedule hearing dates according to Local Bankruptcy Rule 9013-1(d) notice requirements and time limits for service and filing of motions and Local Bankruptcy Rule 9013-1(i) regarding evidence supporting the motion. If proof of service is insufficient, the motion may be continued or denied.
STEP 4
: File and serve your moving papers in a timely manner. Deliver a Judge's copy of all papers to the Judge's chambers with the time and date of the scheduled hearing placed underneath the title of the pleading.
All Judge's copies shall be served in accordance with Local Bankruptcy Rule 5005-2(d) and Section 3-F and Appendix F of the Court Manual.
STEP 5
: Confirmation that your matter has been calendared will be sent back to you if you provide Intake with an extra copy of your notice and a self-addressed stamped envelope.
The Court reserves the right to reschedule any hearing
. If the date you have selected is unavailable for any reason, the Calendar Clerk will contact you to arrange an alternative date. You will be notified promptly if your hearing has been re-set.
STEP 6
: Submit order in accordance with the new Notice of Lodgment (NOL) Procedures effective January 2, 2013
Legend:
RFS = Motion for Relief From Stay
MISC = Miscellaneous hearings
ADV = Adversary hearings
Effective February 05, 2013
Printable version of Judge Houle's
Self-Calendaring Instructions
Dates
Available Self-Calendaring Dates
Honorable Mark D. Houle
