Unless otherwise ordered, matters before Judge Paek shall be conducted in accordance with the following practices: Scheduling Unless otherwise ordered, a moving party or applicant shall select an available hearing date from the "Hearing Dates" tab and input the selected date and time when electronically filing the motion or application on the Case Management/Electronic Case Files (ECF) system. The moving party or applicant must select a hearing date which provides sufficient notice to parties in interest under applicable law and rules. Parties may not extend a briefing schedule without prior approval of Chambers. Such requests should be sent to paek.chambers@nysb.uscourts.gov and be copied to all interested parties. Adjournments, other than those approved at a hearing, require advance approval from Chambers. Adjournment requests will normally be approved if agreed to by all parties seeking or opposing the relief in question. To seek an adjournment, the requesting party must email the request to paek.chambers@nysb.uscourts.gov, or, in chapter 13 matters, to the Courtroom Deputy. 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. Requests for adjournments should be made no later than 4:00 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 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 docketed. 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 Paek 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. All persons using Zoom for Government must register their appearances through the eCourt Appearance tool on the Court’s website at https://www.nysb.uscourts.gov/ecourt-appearances by 4:00 p.m. two business days before the scheduled hearing. A guide for using Zoom for Government is available here. 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 Paek'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 Paek's courtroom in a hybrid format that will permit either in-person attendance or remote participation via Zoom for Government. 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 4:00 p.m. the day before the hearing, and no later than one hour before the scheduled hearing time. 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 (paek.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. If the request for an order to show cause is granted, the papers must be electronically filed on the docket. 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 the party against whom relief is sought being afforded an opportunity to be heard. Notices of Presentment Parties seeking 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 the automatic stay will not be considered on presentment. Parties do not need to contact Chambers to select a date and time for presentment. If an objection if filed, the Court will schedule a hearing for the matter. If no objection is filed, the movant shall submit the proposed order to Chambers via eOrders after the objection period has passed, but prior to the scheduled date and time for presentment. 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 uploaded through eOrders. Instructions for using eOrders are available here. If the Court directs submission of a proposed order via email, the proposed order must be submitted to paek.chambers@nysb.uscourts.gov in MS Word format. The transmittal email must contain the case name, case number, and the ECF docket numbers of the relevant motion papers. Proposed orders should not be emailed to any individual member of Chambers or the Clerk's Office unless instructed to do so by Court staff. Timing of Submission. Proposed orders should be uploaded to eOrders or otherwise submitted as set forth below: If the matter was heard, the proposed order should be submitted after the Court’s ruling at the hearing. If the matter was submitted by notice of presentment under Local Bankruptcy Rule 9074-1(b), the proposed order should be submitted after the objection period has passed, but prior to the scheduled date and time for presentment. If the movant has filed a certificate of no objection under Local Bankruptcy Rule 9075-2, the proposed order should be submitted at the time of the filing of such certificate. If the Court has instructed the parties to settle an order on notice, the proposed order should be submitted consistent with the time periods set forth in Local Bankruptcy Rule 9074-1(a). If the parties have not consented to the form of order, the proposed order and any counter-proposed order should be emailed in MS Word format to paek.chambers@nysb.uscourts.gov. If the proposed order relates to a matter for which neither a hearing nor presentment is required, the proposed order should be submitted at the time the moving papers are filed. Proposed orders not directly tied to any motion (e.g., scheduling orders, pre-trial orders, certain stipulations) should be submitted when prepared and agreed-to by the parties. 2004 Orders Requests for entry of Federal Bankruptcy Rule 2004 examination orders may be submitted ex parte but the Court, in its discretion, may require notice and a hearing. The movant shall electronically file the Rule 2004 application and submit the proposed order via eOrders. 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 party requesting sealing must email to Chambers (paek.chambers@nysb.uscourts.gov) (i) the motion to seal, (ii) the proposed redacted version of the document or pleading for public filing, (iii) an unredacted version of the same document or pleading with each proposed redaction highlighted, and (iv) the proposed sealing order. 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, or (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. The proposed order must also provide, in substance, that it is without prejudice to the rights of any party in interest, or the United States Trustee, to seek to unseal the document or any part of it. The movant must comply with Local Bankruptcy Rule 9018-1 including by providing to the Clerk's Office 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. Conferences Requests for conferences should ordinarily be made by letter emailed to paek.chambers@nysb.uscourts.gov. The letter must state the reason for the request, be no longer than two pages in length, and be filed on the docket. 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 (30) 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. "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 Paek's form of pretrial scheduling order may be found here. Unless otherwise provided by the Court, written direct examinations or proffers may be used for evidentiary hearings and trials. Where such written direct examinations or proffers are used, the witness must be available for cross-examination and redirect. Such sworn written statements shall be exchanged by the parties and emailed to Chambers (paek.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. Parties shall submit a joint pretrial order via eOrders at least seven (7) days prior to the trial date unless the Court instructs otherwise. Judge Paek's form of joint pretrial order may be found here. Motions in limine must be filed at least fourteen (14) days before trial, with responses due seven (7) days before trial. Discovery Disputes Pursuant to Local Bankruptcy Rule 7007-1, 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. 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 7007-1(a). Miscellaneous Questions on all other administrative matters should be directed to the Courtroom Deputy, Divisional Manager or the Law Clerk assigned to the case. Ex parte communications concerning substantive matters affecting any case or proceeding are prohibited pursuant to Federal Bankruptcy Rule 9003(a). Where relatively junior attorneys are familiar with a matter but have less in-court experience than a colleague, Judge Paek will allow the junior attorney's active participation and is amenable to allowing more than one attorney to speak during such hearing. The ultimate decision of who speaks on behalf of a client rests with counsel, not the Court. Eligible law students participating in a clinical program at an ABA-approved law school or who are interning in the United States Attorney's Office may be permitted to practice in civil actions under the supervision of an admitted attorney pursuant to the guidelines set forth in the District Court's Plan for Student Practice in Civil Actions. The plan guidelines and appearance form are available here.
