Early Meeting of Counsel and Status Conference Instructions; Miscellaneous Instructions; Trial and Evidentiary Hearing Procedures; Telephonic Appearance Procedures; Appointed February 17, 2012 by the United States Court of Appeals for the Ninth Circuit; Reappointed February 17, 2026 by the United St
Hon. Mark D. Houle · U.S. Bankruptcy Court for the Central District of California
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=== Early Meeting of Counsel and Status Conference Instructions ===
UNITED STATES BANKRUPTCY COURT Early Meeting of Counsel and Status Conference Instructions Effective February 17, 2012 1. Service of Order. A copy of this Order Re: Rule 26(f) Meeting, Initial Disclosures, and Scheduling Conference must be served with the summons and complaint. The proof of service of the summons and complaint must indicate that a copy of this order was served therewith. 2. Local Bankruptcy Rule 7026-1. Compliance with Local Bankruptcy Rule 7026-1 (“LBR 7026-1") is required in ALL adversary proceedings. 3. Rule 26(f) Meeting. Unless all defendants default, the parties must meet and confer pursuant to Rule 26(f) of the Federal Rules of Civil Procedure (“Rule 26(f) Meeting”) at least 21 days before the status conference date set forth in the summons. The status conference set forth in the summons shall also serve as the initial Rule 16(b) Scheduling Conference in this adversary proceeding. The parties are jointly responsible for arranging and attending the Rule 26(f) Meeting, which may be conducted in person or by telephone. During the Rule 26(f) Meeting, the parties must, at a minimum: (a) discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case; (b) make or arrange for the initial disclosures required by Rule 26(a)(1); and (c) develop a proposed discovery plan. The discussion of claims and defenses must be substantive and meaningful. The parties are directed to approach the Rule 26(f) Meeting cooperatively and in good faith. 4. Initial Disclosures. Rule 26(a)(1) states that a party must, without awaiting a discovery request, provide to other parties: 1 a. b. c. The name and, if known, the address and telephone number of each individual likely to have discoverable information – along with the subjects of that information – that the disclosing party may use to support its claims or defenses, unless the use would be solely for impeachment; A copy of – or a description by category and location – of all documents, electronically stored information, and tangible things that the disclosing party has in its possession, custody, or control and may use to support its claims or defenses, unless the use would be solely for impeachment; A computation of each category of damages claimed by the disclosing party – who must also make available for inspection and copying as under Rule 34 the documents or other evidentiary material, unless privileged or protected from disclosure, on which each computation is based, including materials bearing on the nature and extent of injuries suffered; and d. For inspection and copying as under Rule 34, any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment. F.R.Civ.P. 26(a)(1)(A). Rule 26(a)(1) requires a party to make its initial disclosures based on the information then reasonably available to it. A party is not excused from making its disclosures because it has not fully completed its investigation of the case or because it challenges the sufficiency of another party’s disclosures or because another party has not made its disclosures. F.R.Civ.P. 26(a)(1)(E). 5. Alternative Dispute Resolution (“ADR”). The parties must explore the feasibility of ADR to reach a settlement or early resolution of the adversary proceeding. The specific reasons for any decision not to participate in a form of early ADR must be explained in the Joint Status Report. If the parties elect not to participate in an early ADR effort, the court may nonetheless direct the parties to ADR before trial. 2 6. Discovery Plan. At the Rule 26(f) Meeting, the parties must also discuss any issues about preserving discoverable information and develop a proposed discovery plan. The discussion regarding discovery following the initial disclosures must address the relevance of the discovery sought and the sequence and timing of such discovery, including whether the discovery will be conducted informally or formally. The deadlines in the discovery plan must be mutually agreeable, with a view to achieving resolution of the case with a minimum of expense and delay. 7. Joint Status Report. Not later than 7 days before the status conference/Rule 16(b) Scheduling Conference date set forth in the summons, the parties must file a Joint Status Report in a form substantively identical to LBR Form F 7016-1.1. The Joint Status Report must contain the information set forth in LBR 7016-1(a)(2), and a statement that the parties have completed the Rule 26(f) Meeting and made the initial disclosures required by Rule 26(a)(1). The Joint Status Report shall also serve as the written report of the Rule 26(f) Meeting. 8. Status Conference / Rule 16(b) Scheduling Conference. At the Rule 16(b) Scheduling Conference, the court will review the discovery plan set forth in the Joint Status Report and set appropriate deadlines. The court seeks to try all adversary proceedings not later than 18 months of the filing of the complaint. Consequently, all deadlines in the schedule, including the dispositive motion deadline, must be met within 12 to 14 months of the filing of the complaint to afford adequate time for briefing and ruling prior to the final pretrial conference and trial date. Counsel representing any party in conjunction with the Rule 26(f) Meeting, Joint Status Report, and Rule 16(b) Scheduling Conference must be authorized to bind the party on all matters to be covered. 3 9. Default. If no response to the complaint is timely filed, plaintiff should request entry of default by the clerk prior to the status conference date set forth in the summons. F.R.Civ.P. 55(a). Plaintiff may also request entry of a default judgment by filing and serving an appropriate motion. F.R.Civ.P. 55(b)(2). 10. Sanctions. Failure to comply with these instructions may subject the responsible party and/or counsel to sanctions. The failure of either party to cooperate in the preparation and filing of a Joint Status Report or appear at the status conference may result in the imposition of sanctions under LBR 7016-1(f) or (g). Mark D. Houle United States Bankruptcy Judge 4
=== Miscellaneous Instructions ===
Miscellaneous Instructions For The Hon. Mark D. Houle 1. In Chapter 11 cases, regardless of whether the case is a consumer or corporate case, Judge Houle does not permit the use of form disclosure statements or plans (including F 2081-1). 2. For motions to continue or impose the automatic stay under 11 U.S.C. § 362(c)(3), Judge Houle requires secured creditors to be served notice pursuant to FED. R. BANKR. P. Rule 7004. If a secured creditor has filed a motion for relief from the automatic stay in a prior case, Judge Houle also requires that counsel for the secured creditor be served with the motion to continue the automatic stay 3. In Chapter 13 plans, Judge Houle does not permit the use of Section IV.C – the modification of a secured claim and lien without the filing of a separate motion.
=== Trial and Evidentiary Hearing Procedures ===
Briefs LBR Reference: Judge’s Copy: Exhibits LBR Reference: Identification: Tags: Trial and Evidentiary Hearing Procedures Revised 1/9/25 Please comply with LBR 9013-2. Judge Houle requires that each party timely file a trial brief, unless excused by court order. Please comply with LBR 5005-2(d) Please comply with Court Manual Sections 2.5, 3.5(b) and Appendix F Please comply with LBR 9070-1 Per LBR 9070-1(a)(2): Numbers: Plaintiff/Movant exhibits must be marked with numbers in increasing order. Letters: Defendant/Respondent exhibits must be marked with letters in alphabetical order. All parties presenting exhibits are responsible for tagging their own exhibits prior to the scheduled trial or evidentiary hearing. The mandatory yellow (Plaintiff) and blue (Defendant) exhibit tabs may be downloaded from the Courts website under LBR Forms F 9070-1.1 EXHIBIT.TAG.PLAINTIFF- Exhibit Tag (Plaintiff) and F 9070-1.2 EXHIBIT.TAG. DEFENDANT- Exhibit Tag (Defendant). Exhibit tags must be placed on the back, bottom left-hand corner, of the last page of each exhibit. (Original Copy Only) All exhibits must be assembled in a binder or notebook. Each such Assembly /Witness List & binder or notebook must include a witness list and an exhibit register. Exhibit Register: The exhibit register shall be prepared using Form B 3024 “EXHIBIT # of Copies: REGISTER AND NOTICE RE DISPOSITION OF EXHIBITS,” which is available on the court’s website at www.cacb.uscourts.gov., under “Court Forms.” All parties shall prepare one tagged original set of exhibits to be offered into evidence and four sets of conformed copies (one for each counsel, one for the judge, and one for the witness). All sets of exhibits shall be delivered to Judge Houle’s Courtroom Deputy, at least five court days prior to the scheduled trial or evidentiary hearing. Continuance /Settlement: Motions for continuance or stipulations for settlement must be filed and a proposed order lodged with the court at least five (5) court days prior to the scheduled trial or evidentiary hearing date, with courtesy copies delivered to chambers. Lodging Orders: Orders that are capable of being lodged electronically shall be lodged via the Court’s electronic Lodge Order Upload (LOU) system. For any further questions regarding Judge Houle’s procedures, please contact Courtroom Deputy at (714) 338-5372.
=== Telephonic Appearance Procedures ===
Effective March 18, 2024 PROCEDURES REGARDING TELEPHONIC APPEARANCES FOR THE HONORABLE MARK D. HOULE (Revised 3/14/2024) Telephonic appearances are allowed in matters before Judge Mark D. Houle in Courtroom 301, except the following: 1. Trials and evidentiary hearings (all counsel and all witnesses must appear in person). 2. Chapter 11 initial status conferences and confirmation hearings (debtor’s counsel must appear in person; other parties in interest may appear telephonically). 3. Adversary proceeding pretrial conferences (all trial counsel must appear in person). Any other matter designated by the court as requiring a personal appearance. In order to appear telephonically counsel must adhere to the following procedure: TELEPHONIC PROCEDURES FOR HEARINGS ON OR AFTER MARCH 18, 2024 *NOTE: PRIOR TO MARCH 18, 2024, CONTINUE TO USE JUDGE HOULE’S AT&T LINE AT 1-877-873-8018, PASSCODE 5655967. BEGINNING ON MARCH 18, USE ZOOM AUDIO. SEE INSTRUCTIONS BELOW. HOW TO ARRANGE A TELEPHONIC APPEARANCE Individuals should arrange telephonic appearances by emailing chambers at [email protected], no later than 12:00 noon the day prior to the hearing. Failure to register before the deadline adversely impacts the Courtroom Deputy and the court’s ability to conduct hearings. Repeated violation of this rule may result in sanctions The subject line of the email should be “Registration – Telephonic Appearance” and the email should contain: 1. Appearing counsel’s full name, phone number, client’s full name, and client’s relationship to the case (i.e. debtor, movant, secured creditor, plaintiff, etc.). (If a party is not represented by counsel, include your full name, phone number, and relationship to the case). 2. Hearing date, time, and calendar number (which can be found on the tentative ruling/posted calendar on the court’s website). 3. Debtor’s name and case number and, if applicable, adversary case name and number. The email should be sent from an email address that is monitored because the court may have questions or directions regarding the appearance. The court will not confirm the registration by email or telephone. Counsel’s name and telephone number will instead be listed on the tentative ruling page, which will be updated periodically. Please only contact the court regarding a registration if it is not listed on the tentative ruling page after the deadline to register. PROCEDURE FOR TELEPHONIC APPEARANCE Join the hearing 10 minutes before the hearing time. Procedure for joining the call effective March 18, 2024 • Call the toll-free Zoom Audio line at 1 (833) 568-8864. • Enter the meeting ID: 1605223909 followed by #. • Press # again to bypass entry of the participant ID. • Enter the passcode 9252024 followed by #. • After roll call is completed and the DECRO connect the call to the courtroom, keep your phone on mute until your hearing matter is called by Judge Houle. NOTE – Zoom audio access will only be available by calling the telephone number and no video appearances will be possible. It is the individual’s responsibility to dial into the call prior to the scheduled hearing. The court does not place a call to those appearing. Zoom audio access will only be available by calling the telephone number and no video appearances will be possible. Parties must use an actual telephone to connect to the call. DO NOT use a computer or application as this has caused disturbances in prior hearings and may result in disruption of the call for the court and other participants. Telephonic appearances are connected directly with the courtroom’s public address system and electronic recording equipment. To ensure the quality of the telephonic appearance, the use of cellular phones is strongly discouraged. If an individual's poor cellular phone connection does not allow the Court to hear or understand the individual, or for the Court to accurately record the audio for transcription, the court may ask that individual to disconnect from the hearing and the individual will otherwise be deemed to have waived his or her appearance in the matter. Similarly, if a cellular phone disconnects during a hearing, the party appearing by cellular phone will be deemed to have waived his or her appearance. As the Zoom Audio line is "open" without an operator to mute individual parties, Judge Houle requests that all parties appearing observe professional telephone etiquette, including keeping the phone on mute other than when their matter is called, and keeping a quiet ambient background, to ensure that the process works smoothly and effectively for all parties. After you have placed your call you will be able to hear the matters before yours just as if you were in the courtroom. Judge Houle will call the case, request appearances, and proceed with the hearing. Generally, appearances in the courtroom will be taken first. Please wait for the courtroom appearances to be completed before speaking or making your own appearance. Each time you speak, you should identify yourself for the record. The court’s teleconferencing system allows more than one speaker to be heard, so the judge can interrupt a speaker to ask a question or redirect the discussion. When the judge informs the participants that the hearing is completed, you may disconnect, and the next case will be called. COMPLIANCE Telephonic appearances by multiple participants are only possible when there is compliance with every procedural requirement. Sanctions may be imposed when there is any material disruptive deviation from the required procedures, or the court determines that an individual’s conduct makes telephonic appearances inappropriate. Sanctions may include dropping a matter from calendar, continuing the hearing, proceedings in the absence of an unavailable participant, monetary sanctions, or a permanent prohibition against an individual appearing telephonically. Effective March 18, 2024
=== Appointed February 17, 2012 by the United States Court of Appeals for the Ninth Circuit ===
N E W S R E L E A S E December 20, 2011 Contact: David Madden, (415) 355-8800 New Bankruptcy Judge Appointed in Central District of California SAN FRANCISCO — Chief Judge Alex Kozinski of the United States Court of Appeals for the Ninth Circuit announced today the appointment of attorney Mark D. Houle to serve as a judge of the U.S. Bankruptcy Court for the Central District of California. Mr. Houle, 45, will fill a judgeship to be vacated by Bankruptcy Judge Ellen Carroll, who plans to retire on February 16, 2012. He will be sworn into office on February 17, 2012, and will maintain chambers in Riverside. “Mr. Houle is an experienced practitioner who comes to the bench with a thorough understanding of bankruptcy court operations,” Judge Kozinski said in announcing the appointment. Since 2000, Mr. Houle has been of counsel with the law firm of Pillsbury Winthrop Shaw Pittman, LLP, maintaining offices in Costa Mesa and Los Angeles. He practices exclusively in the areas of bankruptcy and insolvency in the firm’s Insolvency and Restructuring Practice Section. He primarily represents secured and unsecured creditors, asset purchasers, and other parties in bankruptcy cases, adversary proceedings, pre-bankruptcy workouts, and related state and federal litigation. From 1998 to 2000, he was an associate with the law firm of Winthrop Couchot, PC, where he represented corporate Chapter 11 debtors, creditors’ committees, and Chapter 7 trustees. From 1996 to 1998, Mr. Houle clerked for the Santa Ana bankruptcy judges analyzing a wide variety of legal pleadings and preparing bench memoranda and memorandum decisions for hearings and trials in Chapter 7, 11 and 13 bankruptcy cases and adversary pleadings. A native of Lowell, Massachusetts, Mr. Houle received his B.S. in 1993 from Salem State College, where he graduated summa cum laude. During college, he was part of the – more – Undergraduate Honors Program and was awarded a Silver Key for academic excellence in community service. He received his J.D. in 1996 from Boston College Law School, where he was a member of the Jessup International Moot Court Team from 1995 to 1996. Mr. Houle is an active participant in the Orange County Bar Association, the Bankruptcy Forum and the American Bankruptcy Institute. Mr. Houle is a veteran of the Air Force and Massachusetts Air National Guard. The U.S. Bankruptcy Court for the Central District of California, which is authorized 24 bankruptcy judges, is one of the nation’s busiest with 139,882 filings in fiscal year 2011. Concurrent with Mr. Houle’s appointment, the court plans to reorganize, transferring Judge Robert N. Kwan from the Santa Ana division to the Los Angeles division, and Judge Catherine Bauer from the Riverside division to Santa Ana division. Judges of the U.S. Court of Appeals for the Ninth Circuit have statutory responsibility for selecting and appointing bankruptcy judges in the nine western states that comprise the Ninth Circuit. The court uses a comprehensive merit selection process for the initial appointment and for reappointments. Bankruptcy judges serve a 14-year, renewable term, at a salary of $160,080, and handle all bankruptcy-related matters under the Bankruptcy Code. # # # – more –
=== Reappointed February 17, 2026 by the United States Court of Appeals for the Ninth Circuit (Current term expires February 16, 2040) ===
N E W S R E L E A S E February 10, 2026 Contact: Katherine Rodriguez [email protected] Ninth Circuit Reappoints Bankruptcy Judge Mark D. Houle in Central District of California SAN FRANCISCO — Judges of the U.S. Court of Appeals for the 9th Circuit have reappointed U.S. Bankruptcy Judge Mark D. Houle of the Central District of California to a second 14-year term effective Feb. 17, 2026. Judge Houle was appointed a bankruptcy judge to the Central District bankruptcy bench in 2012. Before joining the bench, Judge Houle was an associate and of counsel from 2000 to 2012 with the law firm of Pillsbury Winthrop Shaw Pittman, LLP, where he maintained office in Costa Mesa and Los Angeles and practiced exclusively in the areas of bankruptcy and insolvency in the firm’s Insolvency and Restructuring Practice Section. From 1998 to 2000, he was an associate with the law firm of Winthrop Couchot, PC, where he represented corporate Chapter 11 debtors, creditors’ committees and Chapter 7 trustees. Born in Lowell, Massachusetts, Judge Houle received his Bachelor of Science in economics in 1993 from Salem State College, where he graduated summa cum laude. He earned his Juris Doctor in 1996 from Boston College Law School, where he was a member of the Jessup International Moot Court Team from 1995 to 1996. Following law school, he clerked from 1996 to 1998 for the Santa Ana Bankruptcy Court. Judge Houle is a veteran of the U.S. Air Force and Massachusetts Air National Guard. The U.S. Bankruptcy Court for the Central District of California is the largest bankruptcy court in the nation, serving a seven-county region comprised of Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara, Ventura and San Luis Obispo counties. The court reported 28,485 new bankruptcy filings in fiscal year 2025 ending September 30. Bankruptcy judges serve a 14-year renewable term and handle all bankruptcy-related matters under the U.S. Bankruptcy Code. Judges of the U.S. Court of Appeals for the Ninth Circuit have statutory responsibility for selecting and appointing bankruptcy judges in the nine western states that comprise the Ninth Circuit. The court uses a comprehensive merit selection process for the initial appointment. For reappointments, the court conducts a performance review and considers public comment evaluations. # # #