UNITED STATES BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SELF-CALENDARING PROCEDURE
Judge Barbara J. Houser
* * Revised 10/6/2010 to add notes regarding 15 minute presentation limits * *
Counsel may utilize a self-calendaring procedure for the scheduling of motions requiring 30 minutes or less of court time (time estimate must include estimates for the entire hearing). This procedure will allow counsel to self-select available dates and times on the appropriate judge's calendar and serve notice without contacting the courtroom deputy for a hearing setting. The court strongly encourages the use of this self-calendaring procedure when appropriate. Courtroom deputies are available, by email or telephone,to schedule non-self calendared hearings as needed.
The self-calendaring procedure for Judge Houser is as follows:
- Types of proceedings that may be set in accordance with the self-calendar procedure:
- Motions for Relief from Stay (preliminary hearings only)
- All motions in Chapter 7 cases (such as motions to sell property, motions to dismiss case, etc.)
- Non-discovery motions in adversary proceedings (such as motions for default judgment, opposed motions for continuance)
NOTE: If all parties agree to reset a Trial Docket Call in an Adversary Proceeding, fax a letter of agreement to Viola Salcido, Courtroom Deputy, at 214-753-2038 indicating the agreed continuance date. See dates below - All motions in a Chapter 11 case which has not been designated as a complex case, Including motions for relief from stay. See guidelines, dates and times for motions for relief from stay.
- The self-calendaring procedure will not be available for the following:
- Adversary trial docket call and trial dates
The courtroom deputy will select the date and time of the trial docket call before issuing the summons and scheduling order. - Discovery motions in adversary cases
Counsel for the movant shall contact the courtroom deputy by e-mail or telephone to schedule the hearing. - Chapter 11 hearings on adequacy of disclosure statement or confirmation of plan
Counsel for the movant shall contact the courtroom deputy by e-mail or telephone to schedule a hearing on a disclosure statement. Following the approval of the disclosure statement, the court will set the confirmation hearing. - Any motion requiring an order shortening time or requesting an expedited setting.
An application for an order shortening time is required before a hearing will be set.
Emergency motions will only be set after judicial review. Once Judge Houser has reviewed the motion/application, the courtroom deputy will telephone the movant with the hearing date.
NOTE: Parties requesting expedited settings must also submit the "expedited motion" form on our court's website @www.txnb.uscourts.gov (form BTXN146) - Motions for reconsideration of a previous court order.
Motions will be set for hearing. - Chapter 13 motions (other than motions for relief from stay).
Parties shall contact Tom Powers at 214-855-9200. Note: Settings must comply with Ch. 13 Office procedures and requirements. You may also obtain setting information on their website at www.13network.com - Motions in a designated complex Chapter 11 case.
- Motions for Summary Judgment
- Motion by Defendant to Dismiss Adversary under Rule 12
- Motion to Withdraw the Reference
- Motion for Remand or Abstain
- ** Contested motions for relief from the automatic stay may NOT be set on this docket if the total time estimate for both sides' presentation to the court will exceed 15 minutes. Instead, you must contact the courtroom deputy for a special setting.
- Adversary trial docket call and trial dates
- Procedure
- In order to utilize the self-calendaring procedure, counsel should select an available date and time as shown on the calendar of available hearing settings. The lists of available dates will be regularly updated and posted on the bulletin board outside the Clerk's office and on the court's website at www.txnb.uscourts.gov. The date(s) selected must be no earlier than the notice time set by applicable national and local rules, as this self-calendaring procedure does not alter notice requirements.
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After selecting an available date and time, counsel shall serve proper notice of the matter in accordance with applicable rules.
NOTE: If a motion for relief from stay is set by a party in accordance with the self-calendaring procedure more than 30 days after the date the motion is filed, the court deems that the party has waived the 30-day limitation established by 11.U.S.C. Sec. 362(e) and will enter an order to that effect if requested by debtor. - No later than one day after selecting an available date and time, counsel shall file all appropriate papers with the court with the hearing date and time on the face of the pleading.
- Once a motion is set using the self-calendaring procedure and notice served on interested parties, continuances may only be granted by motion and court order.
- Counsel should not request a confirmation call back from the courtroom deputy to confirm that the motion has been placed on the court's calendar. Counsel desiring this confirmation should review the published calendar on the court's website three business days after the filing of the motion.
- Failure to comply with the foregoing procedures will result in the matter not being placed on the court's calendar.
NOTE: Occasionally there may be instances where self-calendared motion are rescheduled possibly due to docket congestion or unforeseen schedule changes. In these instances, the courtroom deputy will contact counsel for the movant, as soon as possible, so that a notice of rescheduled hearing may be issued and served.
Viola Salcido, Courtroom Deputy to Judge Houser
bjh_settings@txnb.uscourts.gov
Telephone: (214) 753-2059
NOTE: Unless otherwise noted, all hearings should be noticed for 14th Floor, Courtroom #2 in Dallas.
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Preliminary hearings on Motions for Relief from Stay (all chapters)
Note: Motions to Extend the Automatic Stay may not be set on this docket. Use a self-calendaring date or contact Courtroom Deputy for setting. ** Contested motions for relief from the automatic stay may NOT be set on this docket if the total time estimate for both sides' presentation to the court will exceed 15 minutes. Instead, you must contact the courtroom deputy for a special setting.Motions filed betweenPreliminary Hearing dateJan 16 - Jan 22Feb 14 @1:15Jan 23 - Jan 29Feb 21 @1:15Jan 30 - Feb 5Feb 28 @1:15Feb 6 - Feb 12March 6 @1:30Feb 13 - Feb 19March 13 @1:15 -
Motions that comply with the self-calendaring requirements may be set on the following dates:
February 08, 2012 @1:15 p.m.
February 29, 2012 @1:15 p.m.
March 07, 2012 @1:15 p.m.
March 21, 2012 @1:15 p.m. -
Trial Docket Call
2011
Trial Docket Call & Trial Dates for 2011 @1:15 p.m.Trial Docket CallTrial DateJanuary 4The week of January 10February 1The week of February 7March 1The week of March 7April 5The week of April 11May 3The week of May 9June 7The week of June 13July 5The week of July 11August 2The week of August 8September 6The week of September 12October 4The week of October 10November 1The week of November 7December 6The week of December 122012
Trial Docket Call & Trial Dates for 2012 @1:15 p.m.Trial Docket CallTrial DateJanuary 3The week of January 9February 7The week of February 13March 6The week of March 12April 3The week of April 9May 1The week of May 7June 5The Week of June 11July 3The week of July 9August 7The week of August 13September 4The week of September 10October 2The week of October 8November 6The week of November 12December 4The week of December 10