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Houle, M.

Self Calendaring Tabs

Instructions
JUDGE HOULE'S SELF-CALENDARING INSTRUCTIONS 
Revised 12/12/22
 
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.    
 
  1. 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
    9. Matters requiring more than 15 minutes
    10. Motions to Dismiss Adversary Proceedings
    11. Motions for Summary Judgment
 
To calendar such matters except Motions for Summary Judgment, please contact the calendar clerk at 951-774-1085. To calendar Motions for Summary Judgment, please contact chambers at 951-774-1021.
 
  1. The following matters may be self-calendared: Note: Santa Ana matters are held in Courtroom 6C, 411 West Fourth Street, Santa Ana, CA  92701.  If calendaring a Santa Ana matter, please note that Santa Ana hearings are in Blue on the self-set calendar and held on various dates on Thursdays only. Any questions should be directed to the calendar clerk at  951-774-1097.
    1. Motions for relief from stay - chapters 7:  
      Tuesdays at 11:00 a.m.
    2. Motions in adversary proceedings - chapter 7: 
      Wednesdays at 2:00 p.m.
    3. Chapter 13 matters (Santa Ana) cases:
      Thursdays
      10:30 – Confirmation hrgs. & Adv. hrgs.
      10:30 – Miscellaneous
      11:30 – Relief from Stay
    4. Chapter 7 miscellaneous matters: 
      Wednesdays at 11:00 a.m.
    5. 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.
 
  1. 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:
    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 impose the stay under Section '362(c)(3) or (c)(4) only if 14 days notice is given to all interested parties including the secured creditor, and their counsel, if known, to receive notice pursuant to FRBP 7004.   (Set hearing on Motion for Relief/Stay dates)
    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 be given to all parties entitled to receive notice not later than 5 court days prior to the hearing, and proof of service of such telephonic notice must be filed not later than 3 court days prior to the hearing.  For motions filed under III.D (motions to continue or impose the stay under Section 362(c)(3) or (c)(4)), the Court requires secured creditors to receive notice pursuant to FRBP 7004.     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 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 (marked “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 December 12, 2022
 
Printable version of Judge Houle's Self-Calendaring Instructions
 
Dates

Available Self-Calendaring Dates 

Honorable Mark D. Houle