LSS CHAMBERS PROCEDURES.pdf

=== LSS CHAMBERS PROCEDURES.pdf === Chambers Procedures for Judge Laurie Selber Silverstein (effective February 1, 2025) I. Scheduling and Appearance at Hearings Appearance at Hearings • First Day Hearings. Debtors must appear in person at first-day hearings. Non-debtors may appear remotely. • Omnibus/Other Hearings. All hearings will take place in person other than status conferences, scheduling conferences, discovery hearings and routine hearings on fee applications, which will be conducted remotely (unless, in view of the circumstances, the Court directs otherwise). • Permission to Appear Remotely.

Permission to appear remotely at an in-person hearing must be approved by chambers except with respect to first day hearings (as set forth above) and those who are merely observing a hearing (as set forth below). • Observation Only. Counsel and/or parties who seek only to observe a hearing may appear remotely without the need for chambers approval. Remote Hearing Registration Case Participants who are permitted to appear remotely must register using the eCourtAppearances tool as described below. The link will be provided on the hearing agenda, which will be filed on or before 12:00 PM (prevailing Eastern Time) two (2) business days prior to the hearing.

The deadline to register for remote appearance is 4:00 PM (prevailing Eastern Time) the business day before the hearing unless otherwise noticed. When registering, Case Participants may choose to appear 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. 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.

Please do not contact the Court to confirm registration. A remote hearing/hearing in which counsel or parties are permitted to appear remotely is an official court proceeding and appropriate conduct and courtroom attire is required. Disruptions or inappropriate behavior may result in removal from the hearing. Under no circumstances may any person appearing remotely photograph, record or broadcast the proceedings or the participants.

Scheduling First Day Hearings To schedule a First Day Hearing, counsel should reach out to chambers after all filings appear on the docket. Scheduling Omnibus Hearings Omnibus hearings are scheduled for one hour. If parties anticipate needing additional time, please inform Chambers. Scheduling Hearings on Omnibus Claims Objections Hearings on Omnibus Claim Objections should be scheduled for an omnibus hearing date sufficiently far out to permit the Claims Objection Binder (see below) to contain all necessary documents.

If a response to an Omnibus Claim Objection requires a contested hearing, counsel should obtain from chambers a special setting convenient to all counsel and parties. Scheduling Hearings on Routine Fee Applications Hearings on routine fee applications should be scheduled for an omnibus hearing date sufficiently far out to permit the Fee Application Binder (see below) to contain all necessary documents. Motions to Shorten Notice A motion requesting shortened notice and the related motion must be promptly delivered to chambers via both email (with electronic copies attached) and hard copy. The Court will rule on a motion to shorten without the need for a hearing unless otherwise advised.

II. Agendas and Binders Agendas/Amended Agendas Agendas shall contain a hyperlink to all referenced filings. All agendas, including amended agendas, shall be emailed to chambers when filed. First Day Binders Two sets of binders shall be delivered to chambers unless the Court directs otherwise.

All filings included in a binder should reference the docket number and date filed. Omnibus/Other Hearings Binders Two sets of binders shall be delivered to chambers unless the Court directs otherwise. The binders shall NOT contain filings for continued or resolved matters. All filings shall reference the docket number and date filed.

See also Quick Reference Guide to Agendas and Hearing Binders on Court’s website. With the exception of retention applications, Counsel shall NOT send a separate CNO/COC Binder for matters scheduled for an omnibus hearing unless the Court directs otherwise. One copy of all retention applications shall be delivered to chambers with a copy of the CNO/COC. 2 Fee Application Binders One binder containing fee applications under consideration, including supporting documentation, must be delivered to Chambers at least 14 days before the hearing on the application.

The binder must otherwise fully comply with Local Rule 9029-3. Omnibus Objections to Proofs of Claim Binders To supplement Local Rule 3007-1(d)(vi), copies of all proofs of claim to which there is an objection, whether substantive or nonsubstantive, and any responses thereto must be delivered to chambers at least 14 days before the hearing on the omnibus objection. The binder must otherwise fully comply with Local Rule 3007-1. (Please only send one copy) Completion of Briefing Binders A Notice of Completion of Briefing filed in an adversary proceeding shall be delivered to chambers together with one binder including copies of the motions/briefs identified in the Notice, the relevant pleadings, and any request for oral argument.

III.

Discovery Disputes Should counsel find that they are unable to resolve a discovery matter, the parties involved 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 48 hours following receipt of the moving party’s letter. After receipt of the response letter(s), the Court will decide whether to schedule a conference to address the dispute(s) or whether to order that motion practice be followed.

IV. Proposed Orders and Submission of CNOs/COCs Electronic orders Proposed orders in all chapter 11 and chapter 7 business cases must be uploaded for electronic order processing. All proposed orders must allow 4 inches of blank space at the end of the order for the Judge’s signature and date. Do not include a signature line or a date line since they will be included with the Judge’s electronic signature.

Please review the Court’s website regarding complete guidelines for Electronic Order Processing. CNOs and COCs Counsel does not need to inform chambers when a CNO or COC is filed unless the subject matter is time sensitive. If time sensitive, please email chambers with an electronic copy attached. Counsel will be informed if hard copies are needed.

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