One Bowling Green New York, NY 10004-1408 Chambers: (212) 668-5663 Courtroom: 617
Courtroom Deputy: Jacqueline DePierola (212) 284-4042
Law Clerk: Lorraine Echevarria (212) 284-4024
Unless otherwise ordered, matters before Judge Wiles shall be conducted in accordance with any Case Management Order entered in the case and, to the extent not inconsistent, the following practices:
Pursuant to Local Rule 5070-1, a moving party or applicant must contact Chambers to obtain a hearing date prior to filing and serving a motion, cross-motion, application or any other request for relief requiring a hearing. All scheduling requests should be directed to Jacqueline DePierola, Courtroom Deputy.
Requests for relief requiring a hearing that are filed without first obtaining a hearing date will not be acted on.
Parties may not grant extensions of time on briefing without prior consent from Chambers.
-agreed to by all parties and approved by Chambers or,
-after consent is sought and denied, granted by the Court after a request to Chambers (wiles.chambers@nysb.uscourts.gov), copied to the other side, and stating the basis for the request.
Parties must contact Chambers prior to filing a proposed order to show cause or motion to shorten time. (See Local Rule 9077-1(a)). Counsel should be prepared to submit the following documents for the Court's review: a copy of the underlying motion, proposed order to show cause (in Word or WordPerfect format only) and a supporting affidavit.
If the request for an order to show cause is granted, the papers must be filed on the Electronic Case Filing (ECF) system. The Court will contact the movant regarding the disposition of the requested order to show cause.
Injunctive relief will not, except in a demonstrated emergency, be granted without the party against whom relief is sought being given an opportunity to be heard.
Parties wishing to move by notice of presentment should consult Local Bankruptcy Rule 9074-1 to determine what matters may be handled on presentment. The rule also describes the notice and filing requirements when presenting a motion or application by presentment.
Motions for relief from stay will not be considered on presentment.
Parties do not need to contact Chambers to schedule a date and time for presentment. The Court will schedule a hearing in the event there is an objection filed or if it is determined to be necessary.
After the applicable objection period has passed, the underlying motion and an electronic version of the proposed order in Word or WordPerfect format should be submitted to Chambers at wiles.chambers@nysb.uscourts.gov on the day on which the motion is scheduled for presentment. The cover email must contain a representation that (i) the movant sought relief by notice of presentment and (ii) the objection period has passed and no objections were filed. Unless they are part of the Word document, the email must also attach any exhibits or attachments to the proposed order in PDF format. The proposed order should also state, if accurate, that no objections have been filed.
a.The name, telephone number and email address of the person submitting the order.
b.The case name and the ECF document numbers of the relevant motion papers.
c.If the relief was granted by the Court, a representation that the relief was granted and the date on which it was granted.
d. If exhibits are to be attached to the proposed order, they should be clearly labeled and submitted in PDF format (unless they are part of the Word document).
Requests for 2004 orders may be submitted ex parte but the Court in its discretion may require notice and a hearing.
Ordinarily, an order should be without prejudice to objections as set forth in the sample form of order attached.
Unless ordered otherwise, briefs and motions with embedded argument and citations shall be submitted in text searchable format and include a table of contents, headings, and a table of authorities.
Unless ordered otherwise, moving and responsive briefs shall ordinarily be no more than 40 pages in length, and reply briefs no more than 15 pages, in each case exclusive of the table of contents and table of authorities.
No courtesy copies to Chambers of briefs or motions are required unless Chambers instructs otherwise.
Unless otherwise directed by the Court, the parties shall exchange pre-marked exhibits no less than fourteen days before trial.
Unless otherwise directed by the Court, parties are required to submit to the Court a joint pretrial order at least seven days before the trial date. The required form of the joint pretrial order can be found here.
Motions in limine ordinarily must be filed at least fourteen days before trial, with responses due seven days before trial.
Unless otherwise directed by the Court, parties are required to submit to the Court their exhibits to be used at trial at least seven days before trial, along with a table of contents clearly identifying each exhibit.
Pursuant to Local Rule 7007-1(b), discovery motions may not be filed until the parties have (a) conferred among themselves to resolve the dispute and (b) participated in a conference with the Court. Parties should contact Chambers to schedule a conference, which may be telephonic.
Prior to any request for a conference on a discovery issue, the party requesting the conference is required to make a good faith effort to resolve the dispute with opposing counsel consistent with Local Rule 7007-1(a).
Unless the Court provides otherwise, parties wishing to participate in a hearing telephonically must register with Court Solutions. Attorneys seeking to participate must be admitted to the Court or admitted pro hac vice. (See Local Rule 2090-1). Information on how to register with Court Solutions can be found here on the Court's website. Additional instructions are attached to General Order M-543, which can be found here.
Parties that wish to "listen in" on a hearing are not required to receive consent from Chambers prior to registering with Court Solutions, nor to be admitted to the court or to be admitted pro hac vice. Additionally, and on an interim basis, parties that wish to make a "live" telephonic appearance in order to speak or make argument are not required to receive prior permission from Chambers, although admission to the court or admission pro hac vice is still required.
Counsel who intend to participate telephonically for any hearings of an evidentiary nature, including the examination of witnesses or the submission of evidence, are required to notify Chambers at least two business days in advance of the hearing. These requests will be handled on a case-by-case basis.
Questions on all other issues should be directed to Chambers, either to the Courtroom Deputy or the law clerk assigned to the case. However, counsel are urged to limit all communications with chambers to matters that cannot be resolved without such direct communication.
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Michael E. Wiles was sworn in as a United States Bankruptcy Judge for the Southern District of New York on March 3, 2015. Judge Wiles received his A.B. degree from Georgetown University in 1975 and his J.D. from Yale Law School in 1978. He joined Debevoise & Plimpton LLP as an associate in September 1978 and became a partner in July 1987. His work at Debevoise focused on general commercial litigation and bankruptcy.
Judge Wiles was a co-author of the Collier Business Workout Guide (Mathew Bender 2007). He has appeared on panels organized by the Association of the Bar of the City of New York, the American College of Investment Council and others to discuss current issues in bankruptcy litigation, and he is a former member of the Committee on Bankruptcy and Reorganization of the Association of the Bar of the City of New York. In addition to the Collier Business Workout Guide his publications and written CLE materials include "May Parties Consent to Bankruptcy Court Adjudication of 'Stern Claims'" (September 2014) (presented at a continuing legal education session at the Association of the Bar of the City of New York); "Ponzi Schemes and Avoidance Actions: 3 Issues," Law360 (March 7, 2011); "The Good Faith Defense to Fraudulent Transfer Claims" (December 2010) (presented at a continuing legal education session at the Association of the Bar of the City of New York); and "At the Crossroads: The Intersection of the Federal Securities Laws and the Bankruptcy Code," The Business Lawyer (November 2007).
