New Procedure for Lodging Orders

News Category: 
Public Notice

Effective January 2, 2013, with the revision of LBR 9021-1(b)(3)(A), Service of Proposed Order on Contesting Party, and Court Manual, section 4.2, the Court will implement a new procedure that affects all orders submitted to the Court.  Under this change, the lodging party files a Notice of Lodgment form with the proposed order (which includes a proof of service) in lieu of attaching the proof of service to the lodged order prior to submission.

This new procedure has a number of advantages as: (1) parties can use CM/ECF to accomplish service of the proposed form of order on all parties who are on the electronic list; (2) other parties in interest that are on the electronic list will receive electronic notice of a proposed order instead of by U.S. mail; and (3) it accurately preserves a record of the form of the proposed order that was served on parties.
 
Two new LBR forms for the Notice of Lodgment procedure are available on the Court’s website under Forms/Local Bankruptcy Rules Forms.  The steps for filing the Notice of Lodgment are as follows:
 
Step 1
Prepare proposed order WITHOUT a Proof of Service of Document, LBR form F 9013-3.1.PROOF.SERVICE.
 
Step 2
Lodge proposed order WITH a Notice of Entered Order and Service List, LBR form F 9021-1.1.NOTICE.ENTERED.ORDER.
 
Step 3
Prepare Notice of Lodgment that includes and is in the following order:

a. Use either LBR form F 9021-1.2.BK.NOTICE.LODGMENT for a bankruptcy case, or LBR form F 9021-1.2.ADV.NOTICE.LODGMENT for an adversary proceeding
b. Separator page – indicate “Exhibit A” at the bottom of the page
c. Proposed Order (no Proof of Service or Notice of Entered Order)
d. Proof of Service page for Notice of Lodgment.

Step 4
File the Notice of Lodgment and relate it to same docket entry used when uploading order via Lodged Order Upload (LOU).  This step is critical, as it enables Court staff to locate the notice of lodgment and confirm that a proposed form of order was served.
 
Should you have any questions, please contact the ECF Help Desk at (213) 894-2365, or by email at ECF_support@cacb.uscourts.gov.
 
 
KATHLEEN J. CAMPBELL
CLERK OF COURT
December 21, 2012
PN-12-026