Unless otherwise ordered, including by any Case Management Order entered in the case, matters before Judge Garrity 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 to Willie Rodriguez, Courtroom Deputy. Parties may grant extensions of time on briefing only with prior consent from Chambers; requests should be directed to the Courtroom Deputy. Adjournments of hearing (including hearings on contested matters and status conferences), other than those requested at the hearing, will be granted (i) if agreed to by all parties and granted by the Court, or (ii) 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. In either case the moving party must contact the Courtroom Deputy to obtain the adjournment. Requests for adjournment should be made no later than 12:00 noon on 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 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 has been filed on the Electronic Case Filing (ECF) System. Remote and In-Person ProceedingsAccess by parties, parties in interest and the public to proceedings before Judge Garrity will be in accordance 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 and as set forth below. Information about the policy can be found here. Attorneys seeking to participate remotely must be admitted to the Court or admitted pro hac vice. Any person wishing to participate in or listen to a remote proceeding is required to register 48 hours in advance, as described below. Any person wishing to attend a proceeding in person or to participate in a proceeding in person must also register 48 hours in advance. 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 without limitation section 107 of the Bankruptcy Code. 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 access through Court Solutions, unless the Court directs otherwise. Any creditor, other party in interest or member of the public may obtain remote access to such matters through Court Solutions. All persons using Court Solutions must register their appearances on the Court Solutions website. Evidentiary Hearings and Trials Evidentiary hearings and trials will be held in person in Judge Garrity’s courtroom unless the Court orders otherwise. Ordinarily the participants in an evidentiary hearing or trial will be expected to be present in the courtroom. However, for cause shown, including under Fed. R. Civ. P. 43(a) where applicable, the Court may authorize that a particular evidentiary hearing or trial, or a portion thereof, be made accessible via remote means for parties, their attorneys, witnesses, and interpreters. Creditors and other parties in interest (as that term is used in the Bankruptcy Code and the Federal Rules of Bankruptcy Procedure) will be permitted to obtain remote audio access to evidentiary hearings and trials through Court Solutions. Members of the public (and the media) may have remote access to the portions of such proceedings that do not involve testimony. Pursuant to the Judicial Conference’s remote access policy, however, members of the public (including members of the media) may not have remote access to any portion of a hearing that involves actual testimony. Members of the public (including members of the media) should attend in-person in the courtroom if they wish to view live testimony. First Day Hearings and Other Matters at which Testimony is Possible but Uncertain First day hearings and other hearings at which testimony may be offered, but at which testimony is not certain, will be conducted in accordance with the procedures that are described above for evidentiary hearings and trials. Creditors and other parties in interest (as that term is used in the Bankruptcy Code and in the Federal Rules of Bankruptcy Procedure) will be permitted to have remote access to such proceedings through Court Solutions. However, members of the public (including members of the media) will be excluded from remote access to any portions of such hearings that involve live testimony. Registering Appearances Parties and members of the public who wish to (i) participate “live” or (ii) listen to a hearing by audio feed may do so without requesting permission from Chambers. However, registration of remote or in‑person attendance is required 48 hours in advance. Any person wishing to attend a hearing should consult the Court’s calendar to confirm how the proceeding will be held. For all proceedings, parties, attorneys, witnesses, and interpreters must register 48 hours in advance. If the proceeding is held telephonically via Court Solutions, participants must register 48 hours in advance via Court Solutions. If the proceeding is held remotely via Zoom for Government, participants must register 48 hours in advance via the eCourt appearance tool, which is available here. Additionally, anyone wishing to attend a hearing in person should register 48 hours in advance via the eCourt appearance tool, available here. Orders to Show Cause Parties must contact Chambers prior to filing an order to show cause or a motion to shorten notice. (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 that the party seeks to have heard on an expedited basis, a proposed order to show cause (in Word or WordPerfect format only) and a supporting affidavit. If the request for an order to show cause or motion to shorten notice is granted, the underlying motion and supporting affidavit must be filed on the Electronic Case Filing (ECF) system. The Court will contact the movant regarding the disposition of the requested order. Notices of Presentment 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 but do need to contact the Courtroom Deputy for a hearing date in the event there is an objection. 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. Submission of Orders Proposed orders must be filed as an exhibit to moving papers. Proposed orders must be submitted by e-mail (in Word format) to jlg.orders@nysb.uscourts.gov either when the courtesy copies of the moving papers are sent to Chambers or after a hearing on the matter. Do not email any proposed order to individual members of Chambers or the Clerk's Office, unless you are instructed to do so. 2004 Orders Requests for 2004 orders may be submitted ex parte or on notice of presentment, but the Court in its discretion may require notice and a hearing. Sealing Orders Requests for filing and maintaining information under seal may be submitted ex parte and must indicate the grounds for sealing. A party requesting sealing must submit to Chambers a copy of the relevant pleading clearly labeled as confidential. the pleading must be in unredacted form, highlighting the portions proposed to be redacted. redactions should be the minimum necessary to protect information that is truly confidential. if redactions are excessive, the motion will be denied in its entirety. After the sealing order has been entered, the requesting party must provide to the Office of the Clerk of Court: the signed sealing order with the docket entry number of the order; one paper copy of the unredacted document to be sealed; a CD or flash drive which contains a "pdf" version of the unredacted document Wherever possible a proposed order requesting sealing should set a date by which the confidential treatment of the sealed material will end and the material may be filed in the public docket. The order may reserve the right of the requesting party to extend the period under which the relevant material remains under seal. Every proposed order requesting sealing must provide for the movant to unseal or dispose of the confidential information at the conclusion of the matter unless it has already been moved to the public docket. 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. Conferences Requests for conferences should ordinarily be made by letter, and emailed to garrity.chambers@nysb.uscourts.gov, together with a follow-up call to the Courtroom Deputy. The letter requesting the conference should ordinarily 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. Form and Content of Briefs 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. Copies of Pleadings Parties must provide 2 hard copies of every pleading, with exhibits, to Chambers at the time of service. Chambers copies of pleadings should be printed single-sided. "First Day" Motions Parties wishing to schedule first day hearings in Chapter 11 cases should contact the Courtroom Deputy on the date of filing to discuss scheduling of the hearing. Two copies of first day motions, printed single-sided, 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. Parties are required to submit to the Court a joint pretrial order at least seven (7) days before the trial date unless the Court orders otherwise. Judge Garrity’s form of pretrial order may be found here. Unless the Court orders otherwise, motions in limine must be filed at least fourteen (14) days before trial, with responses due seven days before trial. Unless otherwise provided by the Court, the parties shall exchange pre-marked exhibits no less than fourteen days before trial. Each side must provide the Court with two sets of pre-marked exhibits at least seven (7) days before the trial date. The exhibits should be bound in a loose-leaf and include a table of contents. Exhibits must be separated by exhibit tabs that identify the exhibit by number or letter. In addition, if the exhibits are voluminous, the parties should arrange to display the exhibits electronically on the monitors located in the courtroom. Written direct examinations or proffers may not be used for evidentiary hearings and trials unless the Court orders otherwise. Discovery Disputes Pursuant to Local Rule 7007-1(b), 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 to schedule a conference. 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). Motions for Relief from Stay and Accompanying Orders Motions for relief from the automatic stay will not be considered on presentment. All motions for relief from stay must have a hearing date and require an appearance by the moving party even if unopposed, unless the motion has been resolved by agreement prior to the hearing date and the Court has excused the need for an appearance. Motions for relief from the automatic stay of any act against property of the estate should ordinarily be scheduled for an initial hearing within 30 days after the motion is filed. If a motion is scheduled for an initial hearing beyond the 30-day period, the moving party must file a letter waiving the provisions of § 362(e). All orders granting relief from the automatic stay must state that the trustee will be notified of any surplus proceeds realized after a sale. Attorneys' fees and costs for filing a motion for relief from the automatic stay may be recovered solely from the proceeds of sale of collateral. Fees and costs will not be awarded unless the request for such fees and costs is included within the motion itself and stated orally by the moving party at the hearing on the motion. Fees and costs are limited to those orally granted by the Court at the hearing on the motion. Requests to waive the provisions of Rule 3002.1 and/or Rule 4001(a)(3) of the Federal Rules of Bankruptcy Procedure must be included within the motion itself and stated orally by the moving party at the hearing. An order granting relief from the stay may contain a waiver of those provisions only if the Court orally directs that the provisions be waived at the hearing. A stipulation or conditional order resolving a motion for relief from the automatic stay will be approved by the Court only if the order provides, in the event of default under the order, for the filing of a notice of default on ECF, service on at least seven (7) days' notice to the Debtor and Debtor's counsel (if any), and entry of a separate order by the Court lifting the stay. Stipulations or conditional orders that provide for the stay to terminate automatically upon a default under the order will not be approved. A stipulation or conditional order resolving a motion for relief from the automatic stay shall not condition the stay on the Debtor remaining current on future post-petition payments beyond those necessary to cure the arrears that exist as of the time the order is signed. Miscellaneous Questions on all other issues should be directed to Chambers, either to the Courtroom Deputy or the law clerks.
