United States Bankruptcy Court
Unless otherwise ordered, matters before Chief Judge Morris 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 Frances Fredericks, Courtroom Deputy.
Requests for relief requiring a hearing that are filed without first obtaining a hearing date will not be scheduled for hearing on the Court’s calendar.
Parties may not grant extensions of time on briefing without prior consent from Chambers.
Adjournments, other than those requested at the hearing, will be granted only if agreed to by all parties or, after consent is sought and denied, as granted by the Court after a request to Chambers, copied to the other side, and stating the basis for the request. The moving party must contact the Courtroom Deputy to obtain the adjournment.
Requests for adjournments should be made no later than 3 p.m. two business days before the scheduled hearing; requests made after that time will be granted only where good cause exists for the untimely request.
All adjournments must be noticed with the filing and service of a “Notice of Adjournment” prior to the original hearing date. A hearing will not be officially adjourned until the Notice of Adjournment is filed on the Electronic Case Filing (ECF) System.
Parties must contact Chambers prior to filing a proposed order to show cause. (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 following documents must be filed on ECF, and emailed toPoughkeepsie.orders@nysb.uscourts.gov: a copy of the underlying motion, proposed order to show cause (in Word or WordPerfect format) and supporting affidavits. The movant shall serve the order and related papers in accordance with the directions set in the order when and if the order is entered, and file a certificate of service on ECF.
The Court will contact the movant regarding the disposition of the requested order to show cause.
Parties wishing to move by notice of presentment should consult Local Bankruptcy Rules 9074-1 and 2002-2 to determine what matters may be handled on presentment. These rules also describe the notice and filing requirements when presenting a motion or application by presentment. If you have a question regarding whether a matter may be heard on presentment, please contact Chambers.
Motions for relief from stay will not be considered on presentment. All motions for relief from stay in all chapters must have a hearing date and require an appearance even if unopposed.
Parties do not need to contact Chambers to schedule a date and time for presentment, and do need to contact the Courtroom Deputy for a hearing date in the event there is an objection.
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 prior to the scheduled date and time for presentment. The 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.
A motion to file a pleading, a document, information or paper under seal shall be filed on ECF, with necessary redactions. The motion may be filed without serving the opposing party; the Court may require service of the motion to file under seal, and a hearing to consider the motion to file under seal. Unredacted copies of the motion to seal and the item to be filed under seal shall be provided to the Court at the time the motion to file under seal is filed.
Every proposed order requesting sealing must provide for the movant to unseal or dispose of the confidential information at the conclusion of the matter. Every proposed sealing order must provide, in substance, that it is without prejudice to the rights of any party in interest, or the UST, to seek to unseal the document or any part of it.
Order Preparation –
•Proposed order must be created using a word processing application, and saved in PDF format; NOT scanned or imaged.
•A minimum of four inch margin must be left at the bottom of the last page of the proposed order for the date and the Judge’s signature.
•Do not include a date or line for the date or the Judge’s signature.
Orders are uploaded into E-Orders through the CM/ECF “Order Upload” option which can be found under Bankruptcy Events or Adversary Events.
Attorneys and Trustees can track the status of the proposed order by using “Proposed Order Query” which can be found under Reports.
Requests for conferences should ordinarily be made by letter emailed toPoughkeepsie.orders@nysb.uscourts.gov, together with a follow-up call to the Courtroom Deputy. The letter requesting the conference should be filed on the Electronic Case Filing (ECF) System. The letter should include the reason for the conference request and must be no longer than two pages in length.
If a telephonic conference is granted, parties should submit a conference call-in number and passcode to Chambers.
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.
Except as permitted by the Court, moving and responsive briefs shall be no more than 40 pages in length. Reply briefs shall be no more than 20 pages exclusive of the table of contents and table of authorities.
Parties wishing to schedule first day hearings in Chapter 11 cases should contact Chambers on the date of filing to discuss scheduling of the hearing. Two copies of first day motions should be provided to Chambers in advance of the hearing, after the case is commenced.
It is expected that Debtor’s counsel will have consulted with the United States Trustee in advance regarding all relief to be requested at the First Day Hearing.
Parties in adversary proceedings should be prepared at the first pretrial conference to submit a joint pretrial scheduling order. A form of pretrial scheduling order can be found on the Court’s website.
Written direct examinations or proffers may be used for evidentiary hearings and trials at the direction of the Court, or at the request of the parties unless the Court orders otherwise.
Unless otherwise provided by the Court, the parties shall exchange pre-marked exhibits no less than fourteen days before trial.
Parties are required to submit to the Court a joint pretrial order at least seven days before the trial date unless the Court orders otherwise. A form of joint pretrial order can be found on the Court’s website.
Motions in limine must be filed at least fourteen days before trial, with responses due seven days before trial.
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 and file an affidavit certifying that counsel have conferred.
Pursuant to Local Rule 7007-1, discovery motions may not be filed until the parties have (a) conferred among themselves as set forth above and (b) participated in a conference or conference call with the Court. Parties should contact Chambers to schedule a conference.
Unless the Court provides otherwise, parties wishing to participate in a hearing telephonically must register with CourtCall. 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 CourtCall 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 CourtCall, nor to be admitted to the Court or to be admitted pro hac vice.
Parties that wish to make a “live” telephonic appearance in order to speak or make argument are required to receive permission from Chambers prior to registering with CourtCall. Such “live” telephonic appearances are normally discouraged where counsel intends to make substantive argument. Parties seeking permission to participate telephonically must call Chambers at least two business days prior to the hearing, and should be prepared to provide the following information: Name of party that the attorney is representing, the motion on which the attorney intends to argue, and the reason that a telephonic appearance is necessary. Once approval is granted, the party must set up the telephonic appearance with CourtCall at least one business day before the hearing is scheduled.
Counsel, pro se parties and witnesses are not permitted to participate telephonically for any hearings of an evidentiary nature, including the examination of witnesses or the submission of evidence.
Questions on all other issues should be directed to Chambers, either to the Courtroom Deputy or the law clerk assigned to the case.
Judge Morris does not entertain ex parte requests or communications by fax or email.
Settlement of adversary proceedings that include causes of action under 11 U.S.C. § 727 must be approved by the Court after notice to the trustee, the United States Trustee, and all creditors, even if the complaint also seeks relief under § 523.
