Home > Judges > Stacey G C Jernigan > Self Calendaring Procedures

BANKRUPTCY COURT
NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SELF-CALENDARING PROCEDURE

The Northern District will permit counsel to utilize a self-calendaring procedure for the scheduling of matters requiring 30 minutes or less of court time. 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 Jernigan is as follows:

  1. Types of proceedings that may be set in accordance with the self-calendar procedure:
    • Motions for Relief from Stay (preliminary hearings only)
    • Motions to Extend the Automatic Stay
    • All matters relating to Chapter 13 main cases (scheduled for pre-hearing before the Standing Chapter 13 Trustee)
    • Fee applications for Chapter 7 and Chapter 11 cases
    • Chapter 7 and Chapter 11 general matters (such as motions to sell property, motions to dismiss case, objections to claims, etc.)
    • Non-discovery motions in adversary proceedings (such as motions for default judgment, opposed motions for continuance of trial, etc.)
    • Matters in complex Chapter 11 cases.
  2. 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 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. Parties shall submit a proposed order for the hearing date and objection deadline on disclosure statements. Following the approval of the disclosure statement, the court will set the confirmation hearing.
    • Any matter 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 Jernigan has reviewed the application, the courtroom deputy will contact the movant with the hearing date.
    • Motions to reconsider a previous court order.
      Motions to Reconsider will be set only after judicial review, if the court deems a hearing is necessary.
  3. 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 on the court's website at www.txnb.uscourts.gov. The date(s) selected must be no earlier than as required by applicable national and local rules, as this self-calendaring procedure does not alter notice requirements.
    • 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 thirty (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)(1) and will enter an order to that effect if requested by debtor.
    • No later than one day after service, counsel shall file all appropriate papers with the court.
    • Once a matter is set using the self-calendaring procedure and notice served on interested parties, continuances may only be granted by motion and court order.
    • Counsel need not request confirmation callbacks from the courtroom deputy to confirm that matters have been placed on the calendar. Counsel desiring this confirmation should review the published calendar on the court's website seventy-two (72) hours after the filing of the pleading.
    • 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 matters 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.

JUDGE STACEY G. C. JERNIGAN

Traci Davis, Courtroom Deputy to Judge Jernigan
sgj_settings@txnb.uscourts.gov
Telephone: (214) 753-2046

NOTE: Unless otherwise noted, all hearings should be noticed for 14th Floor, Courtroom #1 in Dallas.

  1. Preliminary hearings on Motions for Relief from Stay (all chapters) will be heard on designated Thursdays at 1:30 p.m. in Courtroom #1.

    Motions to lift stay filed between
    Preliminary Hearing date
    October 13 – October 24, 2009
    November 12, 2009 at 1:30 p.m.
    October 25 – November 2, 2009
    November 24, 2009 at 9:30 a.m.
    November 3 – November 9, 2009
    December 3, 2009 at 1:30 p.m.
    November 10 - November 16, 2009
    December 10, 2009 at 1:30 p.m.
    November 17 – November 22, 2009
    December 17, 2009 at 1:30 p.m.
    November 23 – December 7, 2009
    December 23, 2009 at 9:30 a.m.
    December 8 – December 12, 2009
    January 7, 2010 at 1:30 p.m.
    December 15 - December 21, 2009
    January 14, 2010 at 1:30 p.m.
    December 22 - December 28, 2009
    January 21, 2010 at 1:30 p.m.
    December 29, 2009 – Jan. 11, 2010
    January 28, 2010 at 1:30 p.m.
    January 12, 2010 – January 19, 2010
    February 11, 2010 at 1:30 p.m.


    Final Lift Stay Hearing Dates

    Judge Jernigan's lift stay procedures.

  2. Motions to Extend the Automatic Stay will be heard as indicated on the chart below.

    NOTE: Motions shall be filed and served promptly upon the filing of the petition. Per Clerk's Notice 06-06, motions shall be filed promptly enough that (1) the court may hear the motion within 30 days of the date of the petition and (2) parties may be given 23 days notice of the hearing.

    Cases filed between:
    Hearing date for motion to extend stay:
    October 19 – October 24, 2009
    November 12, 2009 at 1:30 p.m.  
    October 25 – November 2, 2009
    November 24, 2009 at 9:30 a.m.
    November 3 – November 9, 2009
    December 3, 2009 at 1:30 p.m.
    November 10 – November 16, 2009
    December 10, 2009 at 1:30 p.m.
    November 17 – November 22, 2009
    December 17, 2009 at 1:30 p.m.
    November 23 – December 3, 2009
    December 23, 2009 at 9:30 a.m.
    December 4 – December 7, 2009
    January 4, 2010 at 9:30 a.m.
    December 8 – December 14, 2009
    January 7, 2010 at 1:30 p.m.
    December 15 – December 21, 2009
    January 14, 2010 at 1:30 p.m.
    December 22 – December 29, 2009
    January 21, 2010 at 1:30 p.m.
    December 30, 2009 – January 5, 2010
    January 29, 2010 at 10:30 a.m.
    January 6 – January 11, 2010
    February 3, 2010 at 2:30 p.m.
    January 12 – January 18, 2010
    February 11, 2010 at 1:30 p.m.

     

  3. All matters relating to Chapter 13 main cases (other than motions for relief from stay) will be heard on designated Thursdays.

    Parties shall contact the Office of the Chapter 13 Trustee, Thomas D. Powers, at (214) 855-9200. Settings must comply with Chapter 13 Office procedures and requirements. You may also obtain setting information on the trustee's website at www.13network.com

    NOTE: All matters shall be noticed for an 8:30 a.m. pre-hearing conference at 125 E. John Carpenter Freeway, Suite 1100, 11th Floor, Irving, Texas 75062. The Court will hear unresolved and defaulted matters at 2:00 p.m. on the same day.

  4. Fee applications in Chapter 7 and Chapter 11 cases will be heard at 1:30 p.m. on:
    November 30, 2009
    December 23, 2009
    January 25, 2010

  5. Chapter 7 and Chapter 11 general matters (such as motions to sell property, motions to dismiss case, objections to claims, etc.) will be heard at 9:30 a.m. on:
    November 12, 2009
    December 01, 2009
    December 16, 2009
    January 05, 2010
    January 26, 2010
  6. Non-discovery motions in adversary proceedings will be heard at 10:30 a.m. on:
    November 10, 2009
    December 14, 2009
    January 11, 2010

Trial Docket Call Dates