SELF-CALENDARING INSTRUCTIONS
FOR JUDGE MAUREEN A. TIGHE

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(g)(1). Please refer to the appropriate Federal Rules of Bankruptcy Procedures and Local Bankruptcy Rules regarding the filing and service of motions.

I.   The following matters may not be self calendared:

1. Applications for orders shortening time
2. Matters heard on shortened notice or on an ex parte basis
3. Mass objections to claims (more than 20 objections set for a single hearing)
4. Motions for temporary restraining orders or preliminary injunctions
5. Motions for reconsideration
6. Status and Pre-trial conferences - all chapters
7. Trials in adversary proceedings
8. Reaffirmation agreements

II.    The following matters may be self-calendared:

1. Motions for relief from stay - all chapters: Wednesdays at 9:30 a.m.
2. Motions in adversary proceedings - all chapters: Wednesdays at 1:00 p.m.
3. Motions to value liens in Chapter 13: Tuesday at 9:00 a.m. on the Ch 13 days listed.
4. Other chapter 13 matters (except confirmation hearings): Tuesdays at 12:00 p.m. on the Chapter 13 dates listed.
5. Other chapter 7 matters: Wednesdays at 11:00 a.m.
6. Other chapter 11 matters: Thursdays at 9:30 a.m.

NOTE: Before self-calendaring, refer to calendar schedule 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 an order shortening time:

1. Residential unlawful detainer actions
2. Post-petition transfers of real property to the debtor
3. Pre-petition transfers to the debtor either within 30 days of the debtor’s petition date, or involving a fractionalized interest in real property
4. Motions to continue or 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
5. 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 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 (www.cacb.uscourts.gov) or by calling the Court’s general information number (818-587-2900) and selecting the menu options necessary to direct you to calendaring information for Judge Tighe. Available Self-Calendaring dates.

NOTE: Calendar dates are subject to periodic revision, 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. 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)(1).

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. Refer to Local Bankruptcy Rule 9013-1(a)(6) notice requirements and time limits for service and filing of motions and Local Bankruptcy Rule 9013-1(a)(13) 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 courtesy 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.

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:    Bring your proposed order to the hearing, together with all notices of entry, copies and envelopes that are required under Local Bankruptcy Rule 9021-1 or upload the order on LOU up to 24 hours before or immediately following the hearing. Do not lodge the proposed order prior to the hearing. However, you are strongly encouraged to serve the proposed order on other parties to afford them an opportunity to review the form of the order.
 

Judge Tighe’s Procedures for Motions Setting Value – “LAM Motions”

Pursuant to L.B.R. 1001-1(d), for bankruptcy cases filed or pending before Judge Tighe, until further notice, L.B.R. 4003-2(a)(2) is hereby modified so that a proceeding to avoid a lien on real property under Chapter 13, often referred to as a Lam motion, may be brought by motion under the requirements of L.B.R. 9013-1 through L.B.R. 9013-4.

E-FILING DOCKETING:

Please note that the correct event code when e-filing a “LAM Motion” is the following:
Bankruptcy > Motions/Applications > Setting Property Value (motion)

SERVING LAM MOTIONS:

Please note that Judge Tighe’s procedure re serving LAM Motions is the following:

• If the entity is an insured depository institution, then Fed. R. Bankr. P. 7004(h) applies, Service “shall be made by certified mail addressed to an officer of the institution..” Fed. R. Bankr. P. 7004(h). However, if this entity has filed a proof of claim in the instant bankruptcy case, then service may be made to the address on the proof of claim listed as the address where notices should be sent.
• If the entity being served is not covered by Fed. R. Bankr. P. 7004(h), then service shall be provided pursuant to 1) a proof of claim filed in the instant bankruptcy case, on the address listed as the address where notices should be sent; 2) the California Secretary of State’s website (http://kepler.sos.ca.gov/); or 3) Fed. R. Civ. P. 4(h).

EVIDENCE OF VALUATION:

Motions must include the following evidence:

• Evidence establishing the value of the subject property;
• Evidence establishing priority; and
• Evidence establishing the creditor’s interest in the subject property

TENTATIVES:

On the day before the hearing, the parties should check the Tentative Rulings. If there is no opposition and the motion meets all requirements, then appearances will be waived. YOU MUST APPEAR AT THE 9:00 A.M. CALENDAR IF APPEARANCES ARE NOT WAIVED.

ORDERS:

The prevailing party should submit the form order, a blank copy of which may be downloaded from Judge Tighe’s forms section on the court’s website.
 

Effective July 16, 2010

Printable version of Judge Tighe's Self-Calendaring Procedures

Printable version of Judge Tighe's Telephonic Appearance Procedures