Judge Stickles Chambers Procedures

=== Judge Stickles Chambers Procedures === CHAMBERS PROCEDURES FOR JUDGE J. KATE STICKLES (Effective February 2025) Courtroom Deputy: Al Lugano ([email protected]) Judicial Assistant: Paula Subda ([email protected]) _________________________________ A. Manner of Hearings and Other Proceedings 1. 2. 3. Unless otherwise determined by Judge Stickles, all proceedings will take place in-person other than status conferences, scheduling conferences, pretrial conferences, discovery hearings, and fee hearings, which will be conducted remotely.

First Day Hearings will be hybrid in-person/Zoom. All Case Participants1 (counsel and witnesses) are expected to attend in-person hearings unless permitted to appear via Zoom. See A.4 below. All persons are strictly prohibited from making any recording of court proceedings, whether by video, audio, “screenshot,” or otherwise.

Violation of this prohibition may result in the imposition of monetary and non-monetary sanctions. 4. Remote Participation via Zoom. a. Remote Appearances of Case Participants. Remote appearances of Case Participants at in-person court proceedings are allowed only in the following circumstances: i. ii. iii. iv. v. counsel for a party or a pro se litigant that files a responsive pleading and intends to make only a limited argument; a party or a representative of a party that has not submitted a pleading but is interested in observing the hearing; a party that 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. b. c. 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 1 Case Participants include, for example, attorney, debtor, creditor, stockholder/equity holder, U.S. Trustee, Assistant U.S. Trustee, trustee-other, adversary party/litigant, or sale participant. d. e. Bankruptcy Court’s website for more information (http://www.deb.uscourts.gov/ecourt-appearances). Conduct on Zoom Hearings. Hearings conducted using Zoom constitute official court proceedings and all parties must observe the formalities of a courtroom. Standards for professional conduct and dress code apply.

All parties must face the camera when addressing the Court. Disruptions or inappropriate behavior may result in removal. Prior Registration Required for Remote Appearance. All remote participants are required to register in advance using the eCourtAppearances tool (available here or on the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances .

The link will be provided on the hearing agenda, which will be filed on or before 12:00 p.m. (Prevailing Eastern Time) two (2) business days prior to the hearing. The deadline to register for remote attendance is 4:00 p.m. (Prevailing Eastern Time) the business day before the hearing unless otherwise noticed. Once you register your appearance, a screen will appear that states “Thank you for registering your appearance in (Case number)(Case name).” An electronic invitation, with the relevant audio or video link, will be emailed to you prior to the hearing (the subject line of the electronic invitation states: “HEARING INFORMATION – (Case Name, Case No.)”). Please do not contact the Court to confirm registration.

All video participants must use their full names when registering and logging into Zoom otherwise access to the proceedings will not be granted. When registering, Case Participants may choose to attend remotely through video or audio access. Please be aware that if you choose audio access and the proceedings involve witness testimony, you may be disconnected entirely from the hearing or moved to a waiting room and unable to hear that portion of the proceedings. 5.

6. 7. Omnibus Hearings. Omnibus hearings are scheduled for one hour.

If parties anticipate requiring additional time and/or a contested evidentiary hearing, please contact chambers in advance to make the necessary scheduling arrangements. First Day Hearings. To schedule a First Day Hearing, counsel should contact chambers after all first day filings are docketed. Request for Expedited Hearing.

To request an expedited hearing, counsel must file a motion for shortened notice concurrent with filing the underlying motion seeking substantive relief. The motion requesting shortened notice must include the averment of Delaware counsel as required by Del. Bankr. L.R. 9006-1(e). In addition to being filed on the docket, the motion to shorten notice must be e-mailed to chambers, copying opposing counsel and the U.S. Trustee.

(February 2025) 2 B. Hearing Agendas 1. 2. 3. 4.

5. Agendas must comply with Del. Bankr. L.R. 9029-3 and Local Form 111. For information regarding the form of agendas, please refer to: Quick Reference Guide to Agendas and Hearing Binders on the Court’s website.

Agendas must contain a hyperlink to all referenced filings. The “status” of a matter listed on an agenda must indicate whether the matter is going forward, whether a continuance is requested (and whether such continuance is opposed), whether any or all of the objections have been resolved and any other pertinent status information, including whether the presentation of witness(es) is expected, and, if so, the identity of the witness(es), and the party presenting the witness(es). Counsel responsible for submitting the agenda must consult with other parties in interest to identify any witness(es) that will be presented. Agendas must be filed and e-mailed, and hearing binders delivered, to chambers by noon (Prevailing Eastern Time) two (2) business days before the scheduled hearing.

Please contact chambers if there will be a delay. Agendas for in-person proceedings must include the following: 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 Stickles’ Chambers Procedures (https://www.deb.uscourts.gov/judge-j-kate-stickles) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on who may participate remotely, the method of allowed participation (video or audio), Judge Stickles’ expectations of remote participants, and the advance registration requirements.

Registration is required by 4:00 p.m. (Prevailing Eastern Time) [the business day before the hearing / one-hour prior to the first-day or emergency hearing] unless otherwise noticed using the eCourtAppearances tool available on the Court’s website. 6. Agendas for remote proceedings must include the following: This proceeding will be conducted remotely via Zoom. Please refer to Judge Stickles’ Chambers Procedures (https://www.deb.uscourts.gov/judge-j-kate-stickles) and the Court’s website (http://www.deb.uscourts.gov/ecourt-appearances) for information on the method of allowed participation (video or audio), Judge Stickles’ expectations of remote participants, and the advance registration requirements.

Registration is required by 4:00 p.m. (Prevailing Eastern Time) [the business day before the hearing / one-hour prior to the first-day or emergency hearing] unless otherwise noticed using the eCourtAppearances tool available on the Court’s website. (February 2025) 3 C. Submission of Hard Copy Binders to Chambers 1. The following hard copy binders must be submitted to chambers during business hours: a. Hearing Binders. Counsel must email chambers a hyperlinked hearing agenda and deliver one (1) physical binder containing the relevant documents.

See Del. Bankr. L.R. 9029-3(e)(ii). b. First Day Hearing Binders. Counsel must email chambers a hyperlinked hearing agenda and deliver two (2) physical binders containing the relevant documents. See Del.

Bankr. L.R. 9029-3(e). If an organizational chart and/or budget is included in the binder, please provide two (2) enlarged copies of each document. c. Fee Application Binders. Counsel must email chambers a hyperlinked index or a single consolidated electronic binder, in a searchable PDF file, containing copies of all fee applications for consideration. In addition, one (1) physical binder containing the fee applications for consideration must be delivered to chambers at least fourteen (14) days prior to the scheduled fee hearing.

See Del. Bankr. L.R. 9029-3(e)(iii). All estate professionals’ fee applications should be scheduled on the same hearing date designated for consideration of fee applications. d. Claims Binders. Counsel must email chambers a hyperlinked claims index or single consolidated electronic binder, in a searchable PDF file, containing the Objection(s) to Claims and copies of the relevant proofs of claim (with attachments).

In addition, one (1) physical binder containing the Objection(s) to Claims and copies of the relevant proofs of claim (with attachments) must be delivered to chambers at least fourteen (14) days prior to the scheduled hearing. See Del. Bankr. L.R. 3007-1(d)(vi) and 9029-3(e)(iv). e. Notice of Completion of Briefing Binders. Counsel must email chambers the Notice of Completion of Briefing containing hyperlinks to all relevant pleadings.

In addition, two (2) physical binders containing the relevant pleadings must be delivered to chambers. See Del. Bankr. L.R. 7007-4. f. CNO/CoC Binders. Chambers does not require a physical CNO/CoC Binder. g. Exhibit Binders.

Counsel must email chambers the Exhibit List containing hyperlinks to all exhibits. In addition, two (2) physical binders containing the relevant exhibits must be delivered to chambers at least twenty-four (24) hours prior to the start of the proceeding. If the exhibits are voluminous, counsel should contact chambers to address modification of this procedure. 2.

All pleadings included in a binder must contain either the ECF generated header containing the docket number and date filed or the docket number and date filed inserted on the bottom right-hand corner of the first page. 3. Documents filed under seal should be stamped “Filed Under Seal” and printed on color paper. (February 2025) 4 4.

For additional information regarding the form and contents of binders, please refer to: Quick Reference Guide to Agendas and Hearing Binders on the Court’s website.

D. Presentation of Proposed Orders 1.

2. 3. Electronic Orders Required. Proposed orders must be uploaded electronically for processing.

Orders must reference the related docket number(s) in the case caption and include 4 inches of blank space at the end of the order for the Judge’s signature and date. Exhibits to a proposed order must be uploaded separately as “Attachments to Document.” For instructions on uploading Orders, please review the electronic learning module titled Uploading a Proposed Order for Electronic Signature on the Court’s website. Submission of Proposed Orders Under CNO or CoC. A CNO or CoC and any related documents may be emailed to chambers upon filing.

See Del. Bankr. L.R. 9013-1(i) and (j), and 9019-1. When submitting a revised proposed order under CoC, the CoC must state whether the revised form of order has been reviewed and approved by all parties affected by the order and the U.S. Trustee; and attach a redline revised proposed order reflecting all revisions to the proposed order originally submitted with the pleading. Presentation of Revised Proposed Orders in Court.

If a movant intends to present a proposed order to the Court that contains revisions to the proposed order originally submitted with the pleading, counsel for the movant must endeavor to provide the Court the revised clean and redline form of order at least two (2) hours prior to the hearing.

E. Witnesses and Exhibits 1.

2. Witnesses. 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), the scope of testimony, the necessity of cross examination, the estimated length of testimony, and any other relevant matter. If parties intend to call witnesses at a hearing, they must file their intention to do so at least forty-eight (48) hours prior to the hearing.

The filing must contain the identity of each witness and the scope of the testimony. In addition, witnesses must be noted on the hearing agenda. See B.3 above. Exhibits.

Parties intending to introduce exhibits at a contested hearing must be prepared to provide copies to the Court and all relevant parties. Parties are expected to meet and confer in advance regarding such evidence, including the method, timing, form of identification, and exchange. Unless otherwise directed, the Court requires two (2) hard copies of each exhibit delivered to chambers at least twenty-four (24) hours prior to the start of the proceeding. See C.1.(g) above.

F. Pretrial and Trial Procedures 1.

Discovery Disputes. Should counsel find that they are unable to resolve a discovery matter, the parties shall contact chambers to advise of the dispute, unless a pretrial order provides otherwise. The party seeking relief from the Court shall file, and deliver to chambers, a letter, not to exceed five (5) pages, in lieu of a formal motion, outlining the issues in dispute and its position on those issues. Any party opposing the request for relief shall respond by letter, not to exceed five (5) pages in length, in like fashion, no later than forty-eight (48) hours following receipt of the moving party’s letter.

After (February 2025) 5 receipt of the response letter(s), the Court will then decide whether to schedule a conference to address the dispute(s) or whether to order that motion practice be followed. 2. 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 consistent with Del.

Bankr. L.R. 7016-2(d). Parties must notify chambers as soon as possible if a matter has settled and a Pretrial Order will not be filed. If a matter has settled or otherwise been resolved, counsel must file a notice of settlement or notice of adjournment of trial. Parties must also immediately advise chambers, in writing, of any occurrence or circumstance which the parties believe may suggest or necessitate the adjournment or other modification of the trial schedule.

G. Citing Unpublished Legal Authority When filing a pleading that cites to a ruling that is not readily available on Lexis or Westlaw (e.g., transcripts containing bench rulings), a copy of the ruling must be attached to the pleading as an exhibit. H. Matters Under Advisement Parties are invited to inquire, after a reasonable time under the circumstances of the matter at issue, into the status of a matter pending decision or taken under advisement.

I. Translation of Documents 1.

2. Any foreign language document offered by a party in a case must be accompanied by an English language translation and a certificate of translation. Any monetary figure reported in a currency other than U.S. Dollars that is submitted to the Court must be accompanied by the value of such monetary figure in U.S. Dollars as of a specified date and exchange rate. For budgets and financial statements, the U.S. Dollar-converted budget or statement shall be appended to any foreign-currency version and specify the exchange rate and date of conversion.

The foreign currency must also be adequately identified (e.g., “pesos” is insufficient, but “Mexican Pesos” or “MXN” is sufficient). (February 2025) 6