Unless otherwise ordered, matters before Judge Barday shall be conducted in accordance with the following practices: Scheduling 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 by telephone or email to the Courtroom Deputy (Amanda Ho) at barday.chambers@nysb.uscourts.gov or (212) 284-4068. Requests for relief requiring a hearing that are filed without first obtaining a hearing date will not be scheduled for a hearing on the Court’s calendar until the movant contacts Chambers for a hearing date. Parties may not extend a briefing schedule without prior approval of Chambers, except that parties may agree to modify interim deadlines (i.e., for the opening and/or response briefs) without leave of Court so long as the reply deadline is not affected by such modification. (Other applicable orders, if any, shall remain in effect.) Extensions requiring Court approval should be sought at least 24 hours before the scheduled deadline. Such requests should be sent to barday.chambers@nysb.uscourts.gov and be copied to all interested parties. Please ensure the request for extension identifies the case number and name in the subject line along with the text “Extension.” Adjournments require advance Chambers approval, which normally will be granted if agreed to by all parties seeking and opposing the relief in question. To seek an adjournment, the requesting party, the requesting party must email the request to barday.chambers@nysb.uscourts.gov. If the request is not consented to by all interested parties, the email must state the basis for the request and be copied to all interested parties. Please ensure the request for adjournment identifies the case number and name in the subject line along with the text “Adjournment.” Requests for adjournments should be made no later than 12:00 p.m. the business day before the scheduled hearing. Requests made after that time will be granted only where good cause exists for the untimely request. All adjournments made prior to the original hearing date must be noticed with the filing and service of a “Notice of Adjournment” prior to the hearing by the requesting party. The Notice of Adjournment must identify any deadlines that have been changed in conjunction with the adjournment. A hearing will not be officially adjourned until the Notice of Adjournment is filed on the Electronic Case Filing (ECF) System. Remote and In-Person Proceedings In compliance with the revised policy, effective September 22, 2023, of the Judicial Conference of the United States concerning the public’s remote access to civil and bankruptcy proceedings, hearings before Judge Barday will be conducted as set forth below. Information about the Judicial Conference’s policy can be found here. Applicability of these Procedures. The procedures described below are of general application and are not meant as limitations on other rules that may be applicable and that may limit access to proceedings or to portions of proceedings, including 11 U.S.C. § 107, Rule 9018 of the Federal Rules of Bankruptcy Procedure, and Rule 615 of the Federal Rules of Evidence. Courtroom Access. The courtroom will be open to all parties, parties in interest, and the public for access to all hearings and trials, including access in the courtroom to testimony and/or argument that is presented either remotely or in person. Remote Access to Non-Evidentiary Hearings Attorneys who represent parties in non-evidentiary hearings, conferences, and other routine matters may participate in such matters by remote video access through Zoom for Government, unless the Court directs otherwise. A debtor, creditor or other party in interest may also obtain remote video access through Zoom for Government, but members of the public (including the media) may only obtain remote audio access through Zoom for Government. Upon prior request by any person, the Court will consider conducting the proceeding in a hybrid format. All persons using Zoom for Government must register their appearances through the eCourt Appearance tool, which is available here, when possible by 12:00 p.m. the day before the scheduled hearing. A guide for using Zoom for Government is available here. Once you have registered you will see a screen that states “Thank you for registering your appearance in [case number/name].” This is confirmation that you have successfully registered. Outlook invitations to persons who registered for remote access will be sent after 4:00 p.m. on the business day before the hearing. Please do not contact Chambers before 4:00 p.m. that day to ask whether you have successfully registered or to inquire about the timing for receiving the Outlook invitation. Pursuant to Local Bankruptcy Rule 5073-1, the taking of photographs, use of recording devices, and broadcasting from the courtroom or its environs is strictly prohibited. This prohibition applies with equal force to individuals joining a hearing remotely via Zoom for Government or otherwise. Evidentiary Hearings and Trials. Evidentiary hearings and trials will be held in person in Judge Barday’s courtroom unless the Court orders otherwise. Ordinarily, the participants to an evidentiary hearing or trial will be expected to be present in the courtroom. For cause shown, however, including under Rule 43(a) of the Federal Rules of Civil Procedure where applicable, the Court may authorize that a particular hearing or trial, or a portion thereof, be made accessible via remote means for parties, their attorneys, witnesses, and interpreters. First Day Hearings. Due to the exigencies often associated with first day hearings in Chapter 11 cases, unless the Court orders otherwise, such hearings will be conducted from Judge Barday’s courtroom in a hybrid format that will permit either in-person attendance or remote participation via Zoom for Government. The courtroom will be open to all parties and to the public for unrestricted access to the proceeding, including all testimony and/or argument that is presented either remotely or in person. Any person wishing to attend the first day hearing remotely must register their appearance using the eCourt Appearance tool, which is available here, when possible by 12:00 p.m. the day before the hearing. Pursuant to the Judicial Conference’s remote access policy, public attendees, including members of the media, may receive remote audio access only to the portions of the first day hearing not involving live witness testimony. Orders to Show Cause Parties must contact Chambers prior to filing an order to show cause. (See Local Rule 9077-1(a).) Counsel should be prepared to email barday.chambers@nysb.uscourts.gov the following documents for the Court’s review: a copy of the underlying motion, proposed order to show cause (in MS Word format) and a supporting affidavit. Please ensure the email identifies the case number and name in the subject line along with the text “OTSC.” 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. The movant must serve the order and related papers in accordance with the directions set forth in the order and file a corresponding certificate of service. Injunctive relief will not, except in a demonstrated emergency, be granted without notice to, and an opportunity to be heard by, the party against whom relief is being sought. Notices of Presentment Parties seeking to move by notice of presentment should consult Local Bankruptcy Rule 9013-2 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 the automatic stay will not be considered on presentment. Parties do not need to contact Chambers to select a date and time for presentment unless an objection is filed, in which case the parties should email Chambers barday.chambers@nysb.uscourts.gov to obtain a hearing date. Please ensure any email requesting a hearing date identifies the case number and name in the subject line along with the text “Hearing.” After the applicable objection deadline has passed, if no objection is filed, the movant shall submit a copy of the underlying motion, a Word version of the proposed order, and a certificate of certificate of service to Chambers barday.chambers@nysb.uscourts.gov. Please ensure the email identifies the case number and name in the subject line along with the text “Notice of Presentment.” The content of the transmittal email should confirm that (i) the movant has sought relief by notice of presentment, and (ii) the objection period has passed, and no objections were filed or received. Submission of Orders Proposed orders must be filed as an exhibit to the moving papers. If, prior to the hearing, the movant anticipates seeking approval of a modified version of its original proposed order, the movant should file a redlined version on the docket to ensure that parties in interest and the Court have notice of the modified proposed order. Unless the Court directs otherwise (or as otherwise set forth in these Chambers’ Rules), proposed orders must be submitted by email in Word format, with any exhibits or attachments in PDF format, to sab.orders@nysb.uscourts.gov after (i) any hearing on the matter, (ii) the passage of the presentment date with no objections filed, or (iii) any cancellation of a scheduled hearing as to a motion to which no objections were filed. When submitted a proposed order to Chambers for entry when there has not been a hearing, you must submit a copy of the underlying motion with all exhibits, a certificate of service, and a certificate of no objection, in addition to a copy of the proposed order in Word format. In all cases, if the proposed order initially submitted with the motion has been modified in any way, the submitting party should submit a redlined version of the proposed order showing all differences between the originally proposed order and the final version. Please ensure that the transmittal email includes the case name and number in the subject line along with the text “Presentment.” Additionally, the body of the email must include: The name, telephone number and address of the person submitting the order, The case name and docket number and the Electronic Case Filing (ECF) document numbers of the relevant motion papers, and If the relief was granted by the Court, a representation that the relief was granted and the date on which it was granted. Do not email any proposed order to individual members of Chambers or to the Clerk’s Office, unless instructed to do so by Court staff. If no timely objection is filed, the movant must file a Certificate of No Objection as promptly as practicable consistent with Local Rule 9013-3, and whenever possible no later than 72 hours before the scheduled hearing. If the Court determines that no hearing is required, it will enter an order resolving the motion and/or cancelling the scheduled hearing. 2004 Orders Requests for entry of Federal Bankruptcy Rule 2004 examination orders may be submitted ex parte, although the Court prefers such applications to be made on notice to the affected parties and the Court may in its discretion require notice and/or a hearing. An acceptable form of Rule 2004 order appears here. Sealing Orders A motion to file a document or pleading under seal may be submitted ex parte and must state the grounds for sealing, and, if applicable, for proceeding ex parte. The requesting party must provide a proposed order. A party requesting sealing must submit to Chambers via email barday.chambers@nysb.uscourts.gov both a copy of (a) the relevant document in proposed redacted form for filing on the docket and (b) an unredacted copy of the same document, labeled “CONFIDENTIAL” that has each proposed redaction highlighted in yellow. Redactions should be kept to the minimum necessary to protect truly confidential information. Every proposed sealing order must provide that (i) the movant will unseal or dispose of the confidential information at the conclusion of the matter, (ii) the Clerk’s Office is authorized to dispose of the confidential information at the conclusion of the matter in a manner consistent with the need to preserve confidentiality, (iii) that it is without prejudice to the rights of any party in interest, or the United States Trustee, to seek to unseal the document(s) or any part thereof, and (iv) that the movant shall submit an unredacted copy of each sealed document(s) to the Clerk of this Court under seal in an envelope, marked to indicate that the same has been filed under seal by order of this Court, unless at the time of the motion the Court has adopted different procedures for the submission of sealed documents. The movant must comply with Local Bankruptcy Rule 9018-1 including by providing to the Clerk of this Court a separate copy of the motion to seal and the unredacted documents. If the document subject to the sealing motion is a Highly Sensitive Document as defined in General Order M-633, the movant must follow the procedures set forth in General Order M-633, a copy of which can be found here. Conferences Requests for conferences should be made by letter emailed to barday.chambers@nysb.uscourts.gov, together with a follow-up call to Amanda Ho, Courtroom Deputy at (212) 284-4068. The letter should ordinarily be filed on the Electronic Case Filing (ECF) System. Additionally, the letter must be no longer than two pages in length and should explain (i) the reason for the conference request, (ii) whether a video or telephonic conference is sought, and (iii) whether the requesting party believes the conference should be on the record. The Court prefers to conduct conferences on the record, in person, but understands the needs of the parties or the case may mean that remote proceedings (usually conducted via Zoom for Government) are preferable. Any party may request that a conference be conducted in person rather than remotely. If an off-the-record telephonic conference is scheduled, the requesting party should submit a conference call-in number and passcode to Chambers and all call participants. If the parties have already received an order with an in-person conference scheduled and have agreed that they wish to convert the in-person proceeding to a remote proceeding, the parties should promptly inform the Court of their agreement to proceed remotely by emailing Amanda Ho at barday.chambers@nysb.uscourts.gov, ensuring that all parties are copied on the correspondence. (The hearing will be conducted remotely only on the consent of all parties.) After informing the Court of their election to appear remotely, all parties wishing to appear at the Hearing must make an electronic appearance through the "eCourt Appearances" tab on the Court's website (https://ecf.nysb.gov/cgi-bin/nysbAppearances.pl) no later than 4:00 p.m. ET on the business day before the Hearing (the "Appearance Deadline"). Following the Appearance Deadline, the Court will circulate by email the Zoom link to the Hearing to those parties who have made an electronic appearance. Form and Content of Briefs Unless ordered otherwise, briefs and motions with embedded argument and citations shall be filed in text searchable format and include a table of contents, headings, and a table of authorities. Except as otherwise permitted by the Court, moving and responsive briefs shall be no more than thirty (35) pages in length and reply briefs shall be no more than fifteen (15) pages in length, in each case exclusive of the table of contents and authorities, except that the parties may agree among themselves to extend the moving and/or responsive brief page limits to up to 50 pages (the reply page limit remains at 15 pages regardless), provided that a note is made on the moving and/or responsive brief, under the table of contents indicating that the page limits have been extended by consent of the parties. Copies of Pleadings Parties must provide two copies of every pleading, with exhibits, in Binders or Spiral Binding if possible, to Chambers at the time of filing. "First Day" Motions Parties wishing to schedule first day hearings in Chapter 11 cases should contact Chambers on the date of the filing to discuss scheduling of the hearing. Two hard copies of the “first day” motions should be provided to Chambers in advance of the hearing. 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. Evidentiary Hearings and Trials Parties in adversary proceedings should be prepared at the first pretrial conference to submit a joint pretrial scheduling order. Judge Barday’s form of pretrial scheduling order may be found here. The Court anticipates that it will conduct evidentiary hearings and trials in person in Judge Barday’s courtroom absent a request for cause shown for a hybrid or fully remote proceeding. Unless the parties agree otherwise or as otherwise provided by the Court, direct examinations or proffers for evidentiary hearings and trials will be conducted live. In any case where direct examinations take the form of sworn written statements in lieu of live testimony, Judge Barday will permit brief overview or introductory direct testimony to be presented live if counsel believe that it would aid in their presentation of the case. Where written direct examinations or proffers are used, the witness must be available for cross-examination and redirect. Sworn written statements in lieu of direct, if they are utilized, shall be exchanged by the parties and emailed to Chambers barday.chambers@nysb.uscourts.gov no later than seven (7) days before the evidentiary hearing or trial. Unless otherwise provided by the Court, the parties shall exchange pre-marked exhibits (other than exhibits intended to be used for rebuttal or impeachment) no less than fourteen (14) days before the evidentiary hearing or trial of any matter, and shall provide two indexed sets of exhibits to Chambers at least seven (7) days before the evidentiary hearing or trial, together with, if available, a flash drive containing PDF copies of all of the exhibits. (For electronic copies, PDF “binders” (but not “portfolios”) are preferred to a flash drive containing each exhibit as an individual document. For any such e-binders, please bookmark each exhibit using only the exhibit prefix and number: e.g., PX_1, DX_A—and not any other description.) Whether in hard copy or electronic, all exhibit sets submitted to the Court shall include an index that (a) lists all exhibits and (b) highlights any contested exhibits in yellow. The index shall include an “Objection” column setting forth opposing counsel’s objection using the following illustrative convention: FRE 901 (Authenticity). Parties shall submit a Word version of a joint pretrial order to Chambers barday.chambers@nysb.uscourts.gov at least seven (7) days prior to the trial date unless the Court instructs otherwise. Judge Barday’s form of joint pretrial order may be found here. Parties are encouraged to file motions in limine with respect to proposed evidence whose exclusion will materially affect the conduct of the trial. Motions in limine must be filed at least fourteen (14) days before trial, with responses due seven (7) days before trial. Judge Barday welcomes presentations by more junior attorneys who are familiar with a matter under consideration and is amenable to allowing more than one attorney to speak during the proceeding. Discovery Disputes Pursuant to Local Bankruptcy Rule 7037-1, discovery motions may not be filed until the parties have (i) conferred among themselves to resolve the dispute, and (ii) participated in a conference with the Court. Parties should contact Chambers via email barday.chambers@nysb.uscourts.gov to request a discovery conference, which may be telephonic. The content of any such email or attached letter should not exceed one page or its equivalent and may be followed up with a call to the Courtroom Deputy, Amanda Ho at (212) 284-4068. Prior to any request for a conference on a discovery issue, the party requesting the conference must make a good faith effort to resolve the dispute with opposing counsel consistent with Local Bankruptcy Rule 7037-1(a). Parties may contact Chambers by telephone regarding disputes that arise during depositions or in other situations requiring immediate judicial attention. Parties should attempt to avoid the need for such applications must make good faith efforts to resolve a dispute before contacting Chambers. Miscellaneous Judge Barday aspires to promptly resolve all matters before her. Any party may email Chambers barday.chambers@nysb.uscourts.gov to alert the Court of any application the party is concerned the Court may be overlooking. Please ensure the email identifies the case number and name in the subject line along with the text “Matter Reminder.” Any such email must copy all counsel and pro se parties who have appeared in the case, and the body of the email should contain the full case name and docket number, the motion or application about which the party is inquiring (including a reference to the Electronic Case Filing (ECF) document number of the motion or application), and the date of the last relevant submission or argument. Judge Barday typically acts within three or fewer business days on conference requests and on orders submitted following presentment, a certificate of no objection, or an oral ruling. Parties also should notify Chambers if forty-five (45) days have passed following the later of a hearing or the last date of supplemental briefing on a motion or contested matter on which Judge Barday has reserved decision. Ex parte communications concerning substantive matters affecting any case or proceeding are prohibited pursuant to Federal Bankruptcy Rule 9003(a). Questions on all other issues should be directed to Chambers, either to Amanda Ho, Courtroom Deputy, or to the law clerk assigned to the case. Counsel are strongly urged to limit all communications with Chambers to matters that cannot be resolved without such direct communication.
