Most settings are scheduled with at least 24 days’ notice. Disclosure statements and Chapter 11 plans are set with not less than 31 days’ notice. Claims objections and trustee’s final account hearings are set with 33 days’ notice.  

All settings, except self-calendar matters as set forth below, including emergency and expedited requests, are obtained from the courtroom deputy in advance of the filing of a motion or application. Emergency and expedited hearings will be granted or denied orally, so proposed orders granting the request should not be uploaded in ECF unless otherwise requested by the courtroom deputy.  A notice of hearing must be filed and served in order for the motion or application to appear on the court’s calendar. The notice of hearing must be filed within 2 days of service.

Settings requiring 30 minutes or less of total court time may be self-calendared. The court strongly encourages the use of self-calendaring for motions that can be fully disposed of within 30 minutes. Please review Judge Larson's self-calendaring procedures online at: http://www.txnb.uscourts.gov/content/judge-michelle-v-larson

Settings that do not fit within the self-calendaring guidelines may be obtained by emailing the courtroom deputy at mvl_settings@txnb.uscourts.gov.

 

The Chapter 13 Trustee’s docket is generally held before the court at 2:00 p.m. on the first Thursday of each month.  The Chapter 13 Trustee’s office prepares the Chapter 13 docket after the completion of its pre-hearing conferences, and submits a copy to the court prior to the 2:00 p.m. hearing. Settings on the Chapter 13 Trustee docket must be scheduled through the Chapter 13 Trustee’s office.

Chapter 13 matters that require longer evidentiary hearings are generally not set on the court's standing Chapter 13 docket. Counsel should confer with the Chapter 13 Trustee to determine a mutually agreeable hearing date and contact the courtroom deputy for a setting on the court’s regular docket.

Once matters have been noticed for hearing or set by court order, continuances or removals may only be obtained when the interested parties are in agreement to the continuance or by court order. Movant shall either file an agreed motion or send an email to the courtroom deputy at mvl_settings@txnb.uscourts.gov with a copy to all interested parties. The Court’s docket will be annotated to reflect the announcement, and counsel will be excused from appearing at the hearing.

If the continuance is opposed, the court will review the motion for continuance, and the courtroom deputy will contact parties if a hearing is necessary. The motion shall establish cause for the continuance and must include a certificate of conference stating whether or not the continuance is contested. In either event, please contact the courtroom deputy immediately upon filing the motion for continuance so that the court may be made aware of the requested continuance. The Court may decide the motion by minute entry or by separate written order.

For settlements and agreed orders obviating the need for a hearing, counsel need not appear at the scheduled hearing if, 2 days prior to the hearing, counsel has notified the courtroom deputy that parties have fully settled the matter and have uploaded an agreed order.  Otherwise, the parties shall appear at the scheduled hearing to place the agreement on the record.

 

Typically, Judge Larson’s trial docket call is scheduled on the first Tuesday of the month at 1:15 p.m. (a list of trial docket call dates is available on the court’s website). The judge will schedule trials, which usually occur the following week, at the docket call.

The courtroom deputy schedules both the trial docket call and trial week, and issues the Standing Scheduling Order, when a complaint is filed. The plaintiff’s attorney shall promptly serve all parties with a copy of the Standing Scheduling Order, along with the summons and a copy of the complaint. Compromise and settlement discussions, as well as stipulations, are expected to have occurred prior to the trial docket call pursuant to the Standing Scheduling Order.  Further pursuant to the Standing Scheduling Order:

 

 (i)    a single Joint Proposed Pretrial Order shall be filed, served, and uploaded for court entry 7 days prior to trial docket call in accordance with L.B.R. 7016-1(a);

(ii)   each party shall file Proposed Findings of Fact and Conclusions of Law and separate Pre-Trial Briefs 7 days prior to trial docket call; and

(iii)  lists of witnesses and exhibits, except for those being used for impeachment purposes, shall be filed with the court 7 days prior to docket call.  Counsel should coordinate so that the parties use different exhibit designations to help establish a clear record at trial (for example, plaintiff will use letter designations, while defendant will use number designations).  Please be sure to bring sufficient copies of your exhibits to trial, including at least 1 copy for each for Judge Larson, the Judge’s law clerk, and the witness.

 

The Standing Scheduling Order issued in each adversary discusses these requirements in more detail.

Trial docket call and trial settings are only reset by motion to continue or oral motion in court.  These settings may be taken off the docket for settlements if a letter or email from the attorney of record is received at least 2 days before docket call.

 

 

 

Motions for default judgment always require a hearing. After the Clerk’s Entry of Default has been issued, a party may move for a default judgment at trial docket call or by written motion. Separate settings may be obtained by emailing the courtroom deputy at mvl_settings@txnb.uscourts.gov.  Unless using the self-calendaring procedures for motions under 30 minutes, a time estimate for the entire hearing should be included with the request.

 

Motions for summary judgment always require a hearing and shall be set prior to trial docket call.  Settings may be obtained by emailing the courtroom deputy at mvl_settings@txnb.uscourts.gov.  A time estimate for the entire hearing should be included with the request.  Please schedule hearings so that there are at least two weeks between the filing of the last pleading and the scheduled hearing.

 

The court strongly discourages the filing of a single adversary proceeding against multiple, unrelated defendants involving unrelated facts or transfers. To the extent that counsel believes such an adversary proceeding is appropriate and such an adversary proceeding is filed, counsel shall, prior to any docket call thereon, provide the court no later than 2 business days prior to docket call, a list or chart summarizing the status of the adversary proceeding as against each defendant – i.e., whether the defendant has defaulted, whether the defendant has agreed to a settlement, whether the defendant has been dismissed from the lawsuit, etc.

 

Omnibus Objections to Claims must be set for hearing.  A party re-setting an omnibus objection to multiple claims shall provide the court, no later than 2 business days prior to the re-set date, with a list or chart setting forth the claims objections that remain to be determined on the reset date.

 

 

Chapter 11 Plan and Disclosure Statement

In non–small business Chapter 11 cases, no motion or order setting disclosure statement for hearing is required. Once the disclosure statement is filed, please contact the courtroom deputy for a hearing date, and then file a notice of hearing. Once the disclosure statement has been approved by the court, please contact the courtroom deputy for a confirmation hearing date to include in your order approving disclosure statement and setting the confirmation hearing.

 In small business Chapter 11 cases where the debtor did not elect treatment under Subchapter V of Chapter 11 of the Bankruptcy Code*, you must contact the courtroom deputy immediately upon filing the initial plan and disclosure statement to ensure that a confirmation hearing can be set within the 45 day deadline imposed by the Bankruptcy Code. In small business Chapter 11 cases where a disclosure statement is required, upon receiving conditional court approval of the disclosure statement, you must confer with the Office of the U.S. Trustee regarding the form of order conditionally approving the disclosure statement and setting the confirmation hearing. Once the Office of the U.S. Trustee has approved the form of order, the order may be uploaded via ECF for the Judge’s signature. When scheduling dates, please note that you must give at least 31 days’ notice of the confirmation hearing from the date you mail out the plan and disclosure statement.

 In both regular and small business Chapter 11 cases: (1) the deadline to object to confirmation of the plan and the voting deadline should be the same date, (2) if you file an amended plan or amended disclosure statement, please email redline versions to the courtroom deputy as soon as possible (filing redlines is also permitted), and (3) voting tallies/certifications should be filed at least 48 hours prior to the confirmation hearing. Please advise the courtroom deputy if you have resolved objections prior to the confirmation hearing so chambers does not prepare for issues that will not be going forward. In complex cases, a chart summarizing resolved/unresolved objections would be appreciated.

 * For those small business debtors that elected Subchapter V treatment, please see General Order 2020-01 Adopting Interim Small Business Reorganization Act Rules. 

 

Judge Larson's chambers are located at 1100 Commerce Street, Room 1421, Dallas, TX 75242-1496. Her courtroom is located in Room 1424 (Courtroom #2) on the 14th floor.  Courtesy copies should be delivered to the following address:  Attn:  Courtroom Deputy for Judge Larson, 1100 Commerce Street, Room 1254, Dallas, TX 75242-1496

 

 

Please note: All inquiries regarding orders and scheduling should be directed to the Courtroom Deputy.  Direct contact with Judge Larson’s law clerks is discouraged.

Telephone inquiries to Judge Larson’s chambers should be directed to the following:

 

Law Clerk (term)                              214-753-2055

Law Clerk (term)                              214-753-2034

Courtroom Deputy                          214-753-2059

Judicial Support Specialist              214-753-2006

Courtroom Deputy Email               mvl_settings@txnb.uscourts.gov