here; here; Remote Hearing Procedures – Updated 02-12-2025.; Guidelines for Participation in Video Hearings via Zoom

=== here ===

UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF MICHIGAN In re: [DEBTOR(S)], Case No. Chapter Debtor(s). Hon. James W. Boyd [PLAINTIFF(S)], Plaintiff(s), v. [DEFENDANT(S)], Defendant(s). / / Adv. Pro. No. REPORT PURSUANT TO FED. R. BANKR. P. 7026(f) Pursuant to Fed. R. Bankr. P. 7026(f), a conference was held on , 20_____. The following persons participated in the conference: [NAME] on behalf of [PARTY] (the “Plaintiff(s)”); and [NAME] on behalf of [PARTY] (the “Defendant(s)”). This report is being submitted pursuant to the First Pretrial Order previously entered by the Court in the above-captioned adversary proceeding. (1) Initial Disclosures Required by Fed. R. Bankr. P. 7026(a)(1). [ ] The parties will provide such by ________________, 20____; or [ ] The parties agree to provide the following at the times indicated: (2) Discovery Plan. The parties jointly propose to the Court the following discovery plan: [Use separate paragraphs or subparagraphs as necessary if parties disagree.] (a) Discovery will be needed on the following subjects: [brief description of subjects on which discovery will be needed]. (b) All discovery commenced in time to be completed by ________________, 20____. (c) Maximum of ______ interrogatories by each party to any other party. [Responses due ______ days after service if deviation from Fed. R. Bankr. P.] (d) Maximum of ______ requests for admission by each party to any other party. [Responses due ______ days after service if deviation from Fed. R. Bankr. P.] (e) Maximum of ______ depositions by Plaintiff(s) and ______ by defendant(s). (f) Each deposition [other than of ____________] limited to maximum of ______ hours unless extended by agreement of the parties. (g) Reports from retained experts under Fed. R. Bankr. P. 7026(a)(2) due: (i) from Plaintiff(s) by ________________, 20____ (ii) from Defendant(s) by ________________, 20____. (h) Supplementation under Fed. R. Bankr. P. 7026(e) due [time(s) or interval(s)]. (3) Electronically Stored Information. [Insert description of any issues anticipated regarding disclosure, discovery or preservation of electronically stored information, including the form in which it should be produced.] (4) Claims of Privilege and/or Protection. [Insert description of any privilege and/or protection issues, any agreement of the parties with respect to the same, and any request for an order approving the agreement pursuant to Fed. R. Evid. 502.] (5) if parties disagree.] Other Agreed Upon Items. [Use separate paragraphs or subparagraphs as necessary (a) (b) Plaintiff(s) should be allowed until ________________, 20____ to join additional parties and until ________________, 20____ to amend the pleadings. Defendant(s) should be allowed until ________________, 20____ to join additional parties and until ________________, 20____ to amend the pleadings. (c) All potentially dispositive motions should be filed by ________________, 20____. (d) The proceeding should be ready for trial by ________________, 20____. The trial is expected to take approximately ______ trial days. (e) Jury Trial Matters. (i) [ ] a jury trial was not timely demanded and is waived; or [ ] [ ] a jury trial was timely demanded, but is waived; or a jury trial was timely demanded but not waived. (ii) [ ] the parties consent to the Bankruptcy Court conducting the jury trial; or [ ] the parties do not at this time consent to the Bankruptcy Court conducting the jury trial. (f) The parties agree that: [ ] This is a core proceeding; or [ ] This is a non-core proceeding otherwise related to the bankruptcy case. (g) [State whether each party consents to the entry of a final order or judgment in this proceeding.] (6) Proportionality of Discovery. [Insert any proposed terms to address proportionality of discovery under Fed. R. Civ. P. 26(b)(1)-(2).] (7) Other matters. (8) Matters not agreed upon or insufficiently addressed by the foregoing. Dated: , 20___ Dated: , 20___ Counsel for [PARTY] Counsel for [PARTY]

=== Remote Hearing Procedures – Updated 02-12-2025. ===

HONORABLE JAMES W. BOYD'S REMOTE HEARING PROCEDURES Last updated: February 12, 2025 1. Unless otherwise specified in a court order, notice of hearing, docket entry, or in paragraph 2 herein, all hearings, trials, status conferences, and pretrial conferences shall be conducted in person.1 2. Remote appearances via Zoom videoconferencing shall be permitted for: a. Hearings on approval of reaffirmation agreements. b. Chapter 13 confirmation hearings that are subject to an agreement to adjourn the hearing. c. Hearings on other matters that, prior to the scheduled hearing, have been resolved by stipulation or are subject to an agreement to adjourn the hearing. This provision shall not apply to hearings for which notice has been given to the creditor mailing matrix (except as set forth in paragraph 2(b), above) or to hearings scheduled by the court. d. Second, third, or fourth pretrial conferences, provided that all requirements of prior pretrial orders have been satisfied. Attorneys or parties who are monitoring a matter for which in-person appearances are required, but who do not wish to actively participate in the hearing, may also appear by videoconferencing. 3. Attorneys and parties are responsible for determining whether they qualify to appear by videoconferencing. Attorneys and parties appearing by videoconferencing for matters identified in paragraph 2, above, need not contact the court in advance of the hearing. 4. Please note that only parties and their attorneys may appear remotely using Zoom. Members of the public who want to observe must do so in person in the courtroom. To ensure remote access is limited, parties and attorneys appearing remotely will not be automatically admitted to the Zoom call but will first be placed in the “waiting room.” Court staff will then admit parties and attorneys from the waiting room after confirming they have a matter on the call. To be admitted, parties and attorneys must identify themselves by first and last name. Parties and attorneys who appear 1 In the event of exigent circumstances (e.g., illness), attorneys and parties may request to appear by videoconferencing. Attorneys and parties wishing to appear remotely due to exigent circumstances should immediately contact Jessie Koerth at (616) 456-2290 so that the court, in its discretion, may determine whether to proceed by video or adjourn the matter to a future date on which the hearing may be conducted in person. late for a hearing (i.e., after court is in session) and who cannot be adequately identified will not be admitted to the hearing. 4. For Marquette hearings only, any attorney or party who is required to appear in person may appear either in the Marquette courtroom or in the Grand Rapids courtroom. Attorneys and parties shall advise the court whether they will be appearing in Marquette or Grand Rapids by emailing Courtroom Deputy Jessie Koerth, [email protected], at least 48 hours prior to the scheduled hearing. Remote court appearances will continue to occur via Zoom videoconferencing. If you meet the above criteria for appearing remotely at a scheduled hearing, or if your remote appearance is otherwise permitted by a court order or notice, you may join the Zoom conference using the following log-in information: Join ZoomGov Meeting: https://www.zoomgov.com/j/16141082837 Meeting ID: 161 4108 2837 Passcode: 281319 Dial by your location: +1 669 254 5252 US (San Jose) +1 646 828 7666 US (New York) Meeting ID: 161 4108 2837 Passcode: 281319 Prior to the hearing, each participant should review Judge Boyd's Guidelines for at Participation https://www.miwb.uscourts.gov/content/judge-james-w-boyd under the "Remote Hearing Procedures" tab. Hearings available Zoom, Video via in

=== Guidelines for Participation in Video Hearings via Zoom ===

Judge Boyd’s Guidelines for Participation in Video Hearings via Zoom The following guidelines apply to any hearings scheduled to be held before Judge Boyd via Zoom videoconferencing. Prior to the Zoom Video Hearing: 1. Please visit zoom.us and create a free account. You should also download and install the app on your computer, tablet, or smart phone. It is preferable to download the app, rather than relying on the web browser option, because the full program allows for use of features (such as private, confidential breakout rooms) which are not available via the plug-in version 2. No paid license is required to participate in video hearings scheduled by the court. 3. To facilitate identification of participants at the video hearing, please use your real name when setting up your Zoom account. 4. All attorneys are expected to appear at the hearing by video, rather than merely by phone. Attorneys must show good cause for failure to appear by video. 5. Non-lawyer parties and clients may appear by audio only, by calling in to the Zoom hearing by telephone. At an evidentiary hearing, the court will likely only permit witnesses who are visible on camera to testify. Participating in the Zoom Video Hearing: 1. If participating in a hearing before Judge Boyd via Zoom, you may join the Zoom hearing with the log-in information listed in the notice entitled "Remote Hearing Procedures.” 2. You will join the virtual courtroom by either: (1) clicking the link provided, then entering the 6 digit password when prompted in the Zoom app, or (2) opening the Zoom app, clicking “Join,” then entering the Meeting ID and password when prompted. If participating by telephone, you will join the virtual courtroom by calling the phone numbers provided and then entering the Meeting ID and password. All participants are asked to begin the process of joining the video conference at least 15 minutes in advance of the scheduled hearing time, to allow for any potential problems with the technology. 3. When you join the virtual hearing, you will appear in a virtual waiting room with other attorneys, parties, and witnesses. The court will admit participants to the virtual hearing approximately 5 minutes before the scheduled time or, if there are several matters scheduled for a particular time, when their case is called. 4. When you enter the virtual courtroom, your video and audio will automatically be on. You may be muted by the court until the hearing begins. 5. At the time of the hearing, all participants must be in a quiet place, without interruptions, noises, or other distractions. 6. This is a federal court hearing; it is expected that you will dress accordingly. 7. The court’s general prohibition on video and audio recording in the courtroom remains in effect during virtual hearings. Recording of court proceedings conducted by video conferencing is strictly prohibited. All video hearings will be recorded by the court’s official court reporter and transcripts may be ordered after the hearing. 8. It is incumbent on attorneys to communicate the requirements for participating in the video hearing to their clients and witnesses, if any. 9. Additional requirements for evidentiary hearings conducted via videoconferencing will be set forth in scheduling orders issued by the court. The scheduling order may include instructions for submission of exhibits prior to the hearing and rules regarding witness participation and testimony.