UNITED STATES BANKRUPTCY COURT

NORTHERN DISTRICT OF CALIFORNIA

In re	) Bankruptcy Case

) No.

)

) Chapter

Debtor.	)

___________________________________)

) Adversary Proceeding

) No.

Plaintiff,	)

)
v.	)

)

)

Defendant.	)

___________________________________)

SCHEDULING ORDER FOR:

[ ] TRIAL IN ADVERSARY PROCEEDING

[ ] FINAL HEARING ON MOTION FOR RELIEF FROM STAY

[ ] TRIAL ON OBJECTIONS TO CLAIM

[ ] HEARING ON OBJECTIONS TO CONFIRMATION OF CHAPTER PLAN

[ ] OTHER:

[ ] A Status Conference in this adversary proceeding

[ ] A preliminary hearing on this motion for relief from stay

[ ] A hearing regarding objections to claim

[ ] A prehearing conference regarding objections to	confirmation of plan

[ ] Other:

was held on __________.

Appearances were as follows:

[ ] For plaintiff ("Plaintiff"),

;

[ ] For defendant ("Defendant"),

;

[ ] For Debtor(s): ;

[ ] For Moving Party:

;

[ ] For Trustee: ;

[ ] For Creditor: ("Creditor"),

;

[ ] For United States Trustee: ;

[ ] Other(s):

.

Upon due consideration, the court hereby enters the following

scheduling order.

TRIAL. The trial or hearing ("Trial") on the above matter(s) will commence on the Date and Time of Trial, set forth below, at the United States Bankruptcy Court, 450 Golden Gate Avenue, 16th Floor, Courtroom 17, San Francisco, CA 94102. The Time Reserved for Trial is also shown below. During the week prior to the Trial, the court may move the starting time or day. The court's Calendar Clerk/Courtroom Deputy will advise the parties of any such change by telephone or e-mail. All parties are cautioned to be prepared to adjust their schedules accordingly.

MOTIONS. Unless otherwise ordered, (a) motions to join other parties and to amend the pleadings must be filed not later than 30 days after entry of this scheduling order and (b) motions for summary judgment must be heard no later than 30 calendar days before the Date and Time of Trial.

DISCOVERY. Discovery shall be completed by the Discovery Deadline shown below. Completion means that depositions must be concluded, although not necessarily transcribed. As to written and production discovery, responses must be due before the Discovery Deadline. The court will attempt to resolve all discovery disputes on an expedited basis via telephonic conference, which any party may initiate by request to the court's Calendar Clerk/Courtroom Deputy (Ms. Lorena

Parada, Courtroom Deputy/Calendar Clerk, at 415-268-2323 or

Lorena_Parada@canb.uscourts.gov) and notice to the other party after they have met and conferred and made a good faith effort to resolve the dispute. The party requesting the conference should submit a brief letter or e-mail to Ms. Parada explaining the issues to be presented; the other party may submit a brief letter or e-mail in the same manner.

The Discovery Deadline may be extended by the parties by agreement, without an order of the court.

EVIDENCE. On motions for relief from stay, testimonial evidence at the Trial must be presented by written declaration(s) or deposition excerpt(s), unless the court by order allows oral testimony. B.L.R. 4001-1(e). Any motion for permission to introduce any oral testimony (including by cross-examination of the other party's declarant(s) or deponent(s)) shall be filed and served (with chambers copies provided) no later than 14 calendar days before the Date and Time of Trial and shall include the names of the witnesses, the subject of their expected testimony, and, where applicable, a statement of the reasons why the testimony cannot properly be introduced by declaration(s) or deposition excerpt(s). Any opposition shall be filed and served (with chambers copies provided) no later than 10 calendar days before the Date and Time of Trial. The court will rule on the motion without a hearing. No such motion is required for cross-
examination or redirect examination of expert witnesses.

On matters other than motions for relief from stay, declarations of non-expert witnesses will not be considered except by stipulation of the parties or prior court appoval.

PRE-TRIAL SUBMISSIONS. Not later than 7 calendar days before the Date and Time of Trial, each party shall:

(a)	File, serve and provide chambers copies of a trial brief, which shall include a summary of the facts to be proven and the legal theories on which the party relies. Briefs shall not exceed 15 pages without prior permission of the court. The court will not normally request or permit post-trial briefs.

(b)	On matters other than motions for relief from stay, file and serve (but do not provide chambers copies) a witness list, including a brief summary of the anticipated testimony from each witness. If a party to the matter will be called as a witness (even as an adverse witness) that party's name must be included on the witness list. The presence of a witness' name on the witness list is to alert the court and the other side that the witness may be called. It does not mean that that person will be called. Accordingly, each party is responsible for ensuring the attendance of every witness the party intends to call, whether or not named by the other side. Except in exceptional circumstances, absent consent by the other side, a party will not be allowed to call a witness not named on that party's witness list. This subparagraph shall not apply to expert witnesses or their testimony.

(c)	On motions for relief from stay, file, serve and provide chambers copies of (i) a notice identifying any declaration(s), deposition excerpt(s) or memoranda previously filed in connection with the preliminary hearing and (ii) any additional declarations the party wishes the court to consider.

(d)	File and serve (but do not provide chambers copies) a list of exhibits (other than those to be used for impeachment or rebuttal) and exchange, but not file, copies of all exhibits the party intends to introduce into evidence. Any paper(s) in the court's file of which a party intends the court to take judicial notice, or other facts that are proper for judicial notice under Fed. R. Evid. 201, must be reproduced and included as an exhibit(s). Copies of the declarations filed and served in accordance with this order shall be marked as exhibits in the manner described herein. All exhibits are to be premarked for identification.

In adversary proceedings, Plaintiff's exhibits should be marked by number and defendant's exhibits should be marked by letter. On motions for relief from stay and other contested matters initiated by motion, Moving Party's exhibits should be marked by number and Respondent's, Debtor's or Trustee's exhibits should be marked by letter. On objections to claim(s) and objections to confirmation of plans, Creditor's exhibits should be marked by number and Debtor's or Trustee's exhibits should be marked by letter.

Each page of any exhibit that has more than one page is to be numbered consecutively. The parties shall bring to Trial copies of all exhibits for opposing counsel, the witnesses and the court, together with an exhibit list. If a party has more that 10 exhibits, the exhibits should be placed in a three-ring binder with a tab for each exhibit and the exhibit list placed at the front of the binder.

If a party will have more than 2 exhibit binders for that party's case in chief, counsel should request a pre-trial status conference to discuss submission of exhibits in electronic form.

EXPERTS. The presentation of expert testimony at Trial shall be governed by the following:

(a)	Direct evidence shall be presented by a declaration that authenticates the report of the expert. See FRCP 26(a)(2)(B), incorporated via Fed. R. Bankr. P. 7026. Each party shall file and serve declarations of experts and other documentary evidence related thereto no later than 30 calendar days prior to the Discovery Deadline; provided, however, on motions for relief from stay, such declarations shall be filed and served no later than 14 calendar days prior to the Date and Time of Trial.

(b)	To cross-examine an opposing party's expert declarant, a party shall notify the opposing party in writing or by e-mail at least 3 court days before the Date and Time of Trial, in which case the declarant will be required to attend the Trial. Any party who fails to notify the opposing party will not be permitted to cross-examine the opposing party's expert. Any party who requests the right to cross-examine an expert and then does not do so will be expected to reimburse the opposing party no less than the expenses incurred in producing the expert at the Trial.

If either party anticipates the use of rebuttal expert testimony, counsel should meet and confer regarding the timing of disclosure of such expert, the submission of the expert's report and discovery regarding such expert. If the parties do not reach agreement, the matter should be brought before the court in the same manner as discovery disputes as provided in this order.

PRE-TRIAL OBJECTIONS. Promptly after receipt of the items mentioned in PRE-TRIAL SUBMISSIONS, above, each party must advise the opposing party of any objections to the introduction of testimony or exhibits. Parties must meet and confer before Trial to attempt to reach agreement regarding admissibility. The court expects the parties to make good faith efforts to resolve all evidentiary issues.

MOTIONS IN LIMINE. If efforts to resolve disputes regarding the introduction of testimony or exhibits are unsuccessful, motions in limine should be filed and served no later than 4 court days before the Date and Time of Trial. Such motions should include a certification that the moving party has complied in good faith with the meet and confer requirements of the preceding paragraph. Opposition should be filed and served no later than 1 court day before the Date and Time of Trial.

Copies of motions and oppositions should be delivered directly to Chambers. Motions in limine will be heard at the commencement of Trial.

Notwithstanding the foregoing, if a party intends by a motion in limine to exclude an expert or the expert's report, that party should set the motion on the court's regular law and motion calendar, to be heard at least 7 calendar days before the Date and Time of Trial.

STIPULATIONS. At the commencement of Trial, the parties must be prepared to stipulate into evidence all exhibits that are admissible for at least one purpose. Bona-fide objections may be reserved, with the issue of admissibility deferred until the exhibit is offered into evidence.

ORDER OF PRESENTATION AT TRIAL. Unless otherwise agreed by the parties or ordered by the court, Plaintiffs in adversary proceedings, moving parties on motions for relief from stay, and claimants on objections to claims will present their cases-in-
chief first. On objections to confirmation of plans, debtors or other plan proponents will present their cases-in-chief first.

IMPEACHMENT AND REBUTTAL WITNESSES. The requirement of advance identification of witnesses and production of exhibits does not apply to witnesses and exhibits presented for purposes of impeachment or rebuttal.1 This paragraph supercedes the expert disclosure procedure of FRCP 26(a)(2)(D)(ii), incorporated via Fed. R. Bankr. P. 7026.

DEMONSTRATIVE EVIDENCE. The court does not want charts, power point presentations, whiteboards, or similar large display items to be used during trial. Parties desiring to summarize, reproduce or display evidence should use normal 8-1/2" x 11" sheets of paper to be provided to the court, witnesses and opposing counsel. Any exceptions to this policy should be requested well in advance of trial.

NOTICE TO COURT. No later than the Monday of the week prior to the Date and Time of Trial, counsel for: Plaintiff (in an adversary proceeding); Moving Party (on a motion for relief from stay); and the Debtor or Trustee (on objections to claim or objection to plan confirmation) must telephone or e-mail the court's Calendar Clerk/Courtroom Deputy, Ms. Lorena Parada (415-
268-2323; Lorena_Parada@canb.uscourts.gov) and report: whether the parties intend to go forward with the Trial as scheduled; if settlement is likely; whether the time reserved for the Trial is realistic; and any other relevant information.

NON-COMPLIANCE. Any failure of a party to comply timely with this scheduling order may result in judgment against such party, removal of the Trial from calendar, exclusion of evidence or imposition of monetary or non-monetary sanctions. See FRCP 16(f)(1)(C), incorporated via Fed. R. Bankr. P. 7016.

DATE AND TIME OF TRIAL:

TIME RESERVED FOR TRIAL:

DISCOVERY DEADLINE:

OTHER PROVISIONS:

***END OF ORDER***