Chambers Procedures for Judge Goldblatt

=== Chambers Procedures for Judge Goldblatt === CHAMBERS PROCEDURES FOR JUDGE CRAIG T. GOLDBLATT Courtroom Deputy: Nicki Barksdale, [email protected], (302) 252-3835 Judicial Assistant: Demi Yeager, [email protected], (302) 252-3834 Chambers Procedures (dated January 2, 2024) Except as set forth herein, the Bankruptcy Court’s General Chambers Procedures and other orders and procedures shall govern all procedural aspects of proceedings before Judge Goldblatt.

A. Manner of Hearings and Other Proceedings 1.

2. 3. Unless otherwise determined by Judge Goldblatt, all proceedings will take place in person other than status conferences, scheduling conferences, pretrial conferences, discovery hearings, fee hearings, or first-day hearings, which will be conducted remotely. All counsel and witnesses are expected to attend in-person hearings unless permitted to appear remotely via Zoom.

All persons entering the Bankruptcy Court must comply with any Order of the Delaware District Court in place at the time regarding the use of face masks and coverings. Any person who desires to wear a face mask is free to do so. Persons not complying with face mask requirements, posted signage, or any instructions of any Court Security Officer or other Bankruptcy Court personnel will be denied access to or be ejected from the Bankruptcy Court. 4.

Remote Participation via Zoom. a. Remote Appearances of Case Participants. Remote appearances of Case Participants1 at in-person court proceedings are allowed only in the following circumstances: i. Counsel for a party or a pro se litigant files a response or objection and intends to make only a limited argument; 1 For example, attorney, debtor, creditor, stockholder/equity holder, US Trustee/Asst UST, trustee-other, adversary party/litigant, or sale participant. 1 ii. iii. iv. v. A party or a representative of a party is interested in observing the hearing; A party is proceeding in a claims allowance dispute on a pro se basis; A witness has submitted a declaration and no live testimony will occur; or Other extenuating circumstances that warrant remote participation as may be determined by the Court. Remote Appearances of Witnesses If Live Testimony Is Needed.

The remote attendance of live witnesses is permitted only upon a showing of good cause and in compelling circumstances. See Fed. R. Civ. P. 43(a). Remote Appearances of Non-Case Participants. Non-Case Participants (i.e. members of the public, including the media) may receive remote audio access to portions of a proceeding not involving witness testimony.

Please refer to the Bankruptcy information for Court’s (http://www.deb.uscourts.gov/ecourt-appearances). website more Remote participants are participating in an official Court proceeding. Disruptions or inappropriate behavior may result in removal. Persons remotely appearing by video are expected to appear Under no circumstances may any remote participant photograph, record, or broadcast the proceedings or the participants. courtroom attire. in appropriate the here Court’s Prior Registration Required. All remote participants are required to register in advance using the eCourtAppearances tool website (available on or (http://www.deb.uscourts.gov/ecourt-appearances .

With the exception of first-day hearings, the deadline to register for remote attendance is 4:00 p.m. (Eastern time) the business day before the proceeding unless otherwise noticed. The deadline to register for remote attendance at first-day hearings is one-hour prior to the hearing unless otherwise noticed. In the absence of extenuating circumstances, chambers typically will not provide Zoom links to those who fail to register by the deadline. Please refer to the Court’s website for further information and requirements. b. c. d. 2 e. f. All video participants must use their full names when registering and logging into Zoom or will not be granted access to the proceeding.

Audio-only participants may be required to identify themselves following admittance into a proceeding. To aid in such identification, an audio participant should endeavor to call into Zoom using the telephone number that it provided during the registration process. Failure to identify when requested by the Court will result in removal from the proceeding. g. All agendas for in-person proceedings must include the following: and This proceeding will be conducted in-person. All counsel and witnesses are expected to attend unless permitted to appear remotely via Zoom.

Please refer to Judge Goldblatt’s Chambers Procedures (https://www.deb.uscourts.gov/content/judge-craig-t- website Court’s the goldblatt) (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Goldblatt’s expectations of remote participants, and the advance registration requirements. Registration is required by 4:00 p.m. (Eastern time) the business day before the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website. h. All agendas for remote proceedings must include the following: to for Judge Chambers This proceeding will be conducted remotely via Zoom. Please refer Procedures Goldblatt’s (https://www.deb.uscourts.gov/content/judge-craig-t-goldblatt) and the Court’s website (http://www.deb.uscourts.gov/ecourt- appearances) information on the method of allowed participation (video or audio), Judge Goldblatt’s expectations of remote participants, and the advance registration requirements. Registration is required by [4:00 p.m. (Eastern time) the business day before / one-hour prior to] the hearing unless otherwise noticed using the eCourtAppearances tool available on the Court’s website.

5. Hearings are generally scheduled for one hour. If parties anticipate requiring more time, please contact Ms. Barksdale in advance to make necessary scheduling arrangements. 3 6.

Requests for expedited hearings. To request an expedited hearing, counsel must file a motion to shorten notice. Such a motion should be filed contemporaneously with the motion seeking the relief in question. In addition to being filed on the docket, the motion to shorten notice should also be e-mailed to chambers, copying opposing counsel.

Counsel may not set a motion for hearing, on a date that would require shortened notice, before an order shortening time is entered. Counsel seeking emergency relief are strongly encouraged to contact Judge Goldblatt’s chambers, by both phone and e-mail, to apprise the Court of a matter that requires urgent attention, including the scheduling of an emergency hearing.

B. Witnesses and Exhibits 1.

2. 3. If parties intend to call witnesses and/or introduce exhibits at a hearing, they must file a witness and exhibit list at least 48 hours before the hearing. The filing must contain the identity of each witness and the scope of the anticipated testimony, and list all exhibits.

Counsel should supply the exhibit by e-mail, in PDF format, to all relevant parties and to chambers as soon as possible, but no later than 24 hours before the hearing. Parties are expected to meet and confer in advance of a contested evidentiary proceeding on the method of presenting any direct testimony (by proffer, declaration, or live), testimony scope, the necessity of cross examination, the estimated length of testimony, and any other relevant matter. Parties are expected to meet and confer in advance regarding such evidence, including the method, timing, and form of identification and exchange. Unless otherwise directed, the Court requires a hard copy of each exhibit delivered to chambers at least one hour prior to the start of the proceeding.

C. Presentation of Orders 1.

E-Orders Required. Judge Goldblatt only accepts proposed orders electronically. All related docket numbers must be included in the caption of the proposed e-order when uploaded. Additionally, all exhibits to the proposed order must be uploaded as separate attachments.2 2 For step-by-step instructions on uploading E-Orders, please review the electronic learning module under CM/ECF Attorney Training on the Court’s website.

4 2. Presentation of Revised Proposed Orders. If a movant intends to present a proposed form of order to the Court that contains revisions to the original proposed form of order submitted with its motion (or any subsequently revised form of order filed on the docket), counsel for the movant shall endeavor to provide to the Court the revised form of order in clean and redline form at least one hour prior to the hearing. D. Hard Copy Documents Except for exhibits that will be used with a witness (as described in Part B.2, above), Judge Goldblatt does not require counsel to deliver hard copies of pleadings or other documents to chambers.

E. Fee Applications and Claims 1.

2. Fee Applications. Please provide chambers with a hyperlinked fee index containing all fee applications under consideration and supporting documentation, such as individual monthly applications, certificates of no objection, objections, and certifications of counsel. Claims.

Please provide chambers with a hyperlinked claims index or a file share link containing copies of all proofs of claim (with all attachments) along with the objection to those claims. F. Discovery Disputes and Case Administration Matters Should counsel find, after complying with the meet-and-confer obligations set forth in Local Rule 7026-1(a), that a motion to compel discovery, a motion for a protective order, or a motion related to scheduling or other case administration matters needs to be brought to the Court, the parties may submit letters (by filing them on the docket), not to exceed ten pages, in lieu of formal motion papers. Counsel shall also e-mail a courtesy copy to chambers and contact chambers (by phone or email) to seek a hearing date on such a matter. Absent an emergency that would warrant shorter notice, such a hearing will typically be set no less than ten days after the filing of the letter.

Any response to a letter or motion must be filed no later than at noon, two days before the hearing. To the extent the exigencies of the circumstances require the Court’s immediate attention in a discovery matter, the parties may contact chambers to seek a remote hearing to be set as promptly as practicable. The requirements of the Local Rules and the General Chambers Procedures otherwise apply to discovery disputes. 5 G. Status Conferences in Cases under Subchapter V To the extent any party in interest in a case proceeding under subchapter V of chapter 11 believes that a status conference with the Court would advance the orderly administration of the case, such party may reach out by email to chambers (copying counsel for other parties in interest) to seek a status conference.

As set forth above, such status conferences will typically be conducted by Zoom. H. Joint Pretrial Order and Trial Procedures Parties to an adversary proceeding or contested matter that will involve discovery and the presentation of evidence are encouraged to submit a proposed Joint Pretrial Order (or, if the parties are unable to agree, to submit competing forms of order). If a matter settles or is otherwise resolved, counsel should promptly inform chambers and file a notice of settlement or notice of adjournment of trial in the adversary proceeding. The parties shall also immediately advise chambers, in writing, of any occurrence or circumstance that the parties believe may necessitate the adjournment or other modification of the trial setting.

I. Matters Under Advisement Parties are invited to inquire, after a reasonable time under the circumstances of the matter at issue, into the status of matters pending decision or taken under advisement. 6