Smith, E.

Self Calendaring Tabs

Instructions

SELF-CALENDARING PROCEDURES FOR

JUDGE ERITHE A. SMITH

The Honorable Erithe A. Smith has implemented a self-calendaring system that allows parties to schedule hearing dates without obtaining prior approval from the courtroom deputy.

Please refer to the appropriate Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules for the Central District of California regarding time requirements for the service and filing of motions, applications and other requests for relief.

PLEASE NOTE: A hearing for which the moving papers have not been timely filed will not be placed on the court’s calendar and the courtroom deputy will contact you regarding an alternative date.

You must contact the courtroom deputy at (714) 338-5360 regarding matters that may not be self-calendared, stipulations, withdrawal of motions, continuances, or if you expect the hearing will take longer than 15 minutes.

I. MATTERS THAT MAY BE SELF-CALENDARED

Parties may select their own hearing dates for the following:

Motions for Relief from Stay (on regular notice).
Objections to Claims (2 or less).
Employment Applications.
Any motion or application in a Chapter 7, 11 or 13 case or in an adversary proceeding NOT identified in category II as being ineligible for self-calendaring.

II. MATTERS THAT MAY NOT BE SELF-CALENDARED

Parties must contact the courtroom deputy for a hearing date for the following:

Motions in Individual Case for Order Imposing a Stay or Continuing the Automatic Stay.
Motions for Summary Judgment.
Motions to Dismiss Under Fed. R. Civ. P. 12(b)(6).
Fee Applications.
Matters Requiring More than 15 minutes of Hearing Time - If a matter is likely to require more than 15 minutes of hearing time (e.g., the matter is anticipated to be hotly contested), a party must obtain a hearing date from the courtroom deputy who will ensure that enough time is reserved for the matter. Any such matter that is self-calendared may be stopped after it exceeds 15 minutes at the hearing and continued to a later date.
Clusters of Related Matters. If a party wishes to schedule more than one related matter for a single hearing date and time, the party must contact the courtroom deputy to obtain a hearing date.
Status Conferences and Pre-trial Conferences in Adversary Proceeding. The initial status conference date will be set by the Clerk’s Office at the time of issuance of the summons. All subsequent status conferences and pre-trial conferences are set by the court.
Emergency Motions (including motions arising under any general order or local rule applying to Chapter 11 cases).
Reaffirmation Agreements.
Chapter 7 Trustee’s Final Report and Related Applications for Approval of Professional Fees and Expenses.
Objections to Claim (more than 2).

III. PROCEDURE FOR USING THE SELF-CALENDARING SYSTEM

STEP 1: Identify available dates and times for the type of matter that you want to calendar by referring to Judge Smith’s Self-Calendaring page on the Court’s website (www.cacb.uscourts.gov)

PLEASE NOTE: Available calendar dates are frequently updated, so please verify that you are referring to a current version of the Judge’s monthly calendar.

STEP 2: Prepare a notice of hearing for the date and time that you have selected. If your motion is for relief from stay, you must provide notice in the same form as outlined by Local Bankruptcy Rule 4001-1 (Local Forms series F4001-1).

PLEASE 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 applicable provisions of the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure. Schedule hearing dates accordingly. Moving parties may refer to Local Bankruptcy Rule 9013-1(c) regarding service of the notice of the hearing and Local Bankruptcy Rule 9013-1(i) regarding evidence supporting the motion.

STEP 4: File and serve your moving papers in a timely manner! Refer to the Local Bankruptcy Rules and Federal Rules of Bankruptcy Procedure for applicable filing and service deadlines. If proof of service is insufficient, the moving party’s motion may be continued or denied. Be sure to deliver a Judge’s copy of all papers to the bin outside of Judge Smith’s chambers with the time and date of the scheduled hearing placed underneath the title of the pleading.

STEP 5: If the date you have selected is unavailable because you have given insufficient notice, the date and time are already full, or for any other reason, an entry will be made on the docket and an NEF notification will be emailed to all parties listed on the NEF list indicating what corrective action needs to be taken. The Court reserves the right to reschedule any hearing. You will be notified promptly if your hearing has been re-set.

STEP 6: Lodge your proposed order through the Court’s LOU system along with a proof of service, if required, and notice of entered order after the hearing has been held. A judge’s copy of orders lodged through LOU and SASE envelopes are no longer required. If your matter is being heard on an emergency basis, bring your proposed order to the hearing, together with whatever notices of entered order, copies and envelopes that may be required, so that the Judge can sign the order at the hearing if your motion is granted. Do not lodge the proposed order prior to the hearing unless it is a joint pre-trial order or an order for summary judgment. (You may, however, serve the proposed order on other parties, if you wish to afford them an opportunity to review the form of the order before the hearing.)

PLEASE NOTE: If you attempt to self-calendar a matter that may not be self-calendared (see Section II above), the matter will not be placed on the court’s calendar and the courtroom deputy will contact you regarding an alternative date. Such improper use of the self-calendaring system may significantly delay the scheduling of a hearing on the matter.

Updated: May 8, 2012

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