[pdf]; AO 2020-09; Main Case General Motion; Motion to Dismiss; Motion for Summary Judgment; Cross-Motion for Summary Judgment

=== [pdf] ===

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov GENERAL PROCEDURES FOR HEARINGS BY VIDEO CONFERENCE Unless ordered otherwise, the following procedures apply to all hearings scheduled as video conferences: 1. VIDEO CONFERENCE. The hearing will take place only by video conference. Do not go to the courthouse. Attorneys must advise their clients and witnesses not to appear at the courthouse. The video conference will be conducted using the services of Zoom Video Communications, Inc. Zoom will provide a password-protected link for the appropriate Zoom video conference to those who register to participate in accordance with paragraph 2 below and who have been approved by the Court. All participants must conduct a pre- hearing test of Zoom using the same equipment that they intend to use during the hearing. 2. REGISTRATION FOR VIDEO CONFERENCE. Each person wishing to participate in the hearing by video conference must register for the video conference using the web address provided in the notice of hearing generated by the Court or provided in the Court order scheduling the hearing. Participants must register at least 24 hours prior to the hearing, except for hearings set on an emergency basis, in which case participants must register at least one hour prior to the hearing. If the Court sets more than one matter for hearing by video conference at the same date and time, participants need register only once but must provide all relevant case numbers, case names and clients in the registration process. 3. LIMIT ON PARTICIPATION BY VIDEO; ALTERNATIVE TELEPHONE PARTICIPATION. Parties should limit video conference participation to those persons necessary to present the matter(s) set for hearing. If the number of persons wishing to participate in the video conference, in the Court’s view, exceeds the number that would permit the efficient and reliable transmission of the hearing by video conference, the Court may require certain persons to participate in the hearing only by telephone. The Court will provide to each person participating by telephone separate dial-in instructions, which may be used with any telephone equipment. 4. PUBLIC ACCESS. The general public is invited to listen to the hearing by telephone. Any person wishing to listen to the hearing by telephone may e-mail the courtroom deputy for the relevant Judge to obtain dial-in instructions. E-mail contact information for courtroom deputies is provided under the name of each Judge on this web site. 5. OFFICIAL RECORD. The audio recording created and maintained by the Court and transcribed by a court-authorized transcription service will be the sole basis for creation of a transcript that constitutes the official record of the hearing. 6. REMOTE WITNESS TESTIMONY. In accordance with Federal Rule of Civil Procedure 43(a) (made applicable by Federal Rule of Bankruptcy 2 Procedure 9017), for good cause and in compelling circumstances, a witness may be permitted to testify by contemporaneous transmission from a location other than the courtroom. Unless ordered otherwise, the Court will permit examination and/or cross-examination of witnesses in all evidentiary hearings conducted by video conference. The Court will administer the oath to each remote witness during the video conference and witness testimony will have the same effect and be binding upon each remote witness in the same manner as if such remote witness was sworn in by the Court in person in open court. As additional safeguards, the Court requires as follows: (a) if requested, each remote witness must disclose the city, state and country, and the type of place (such as home or office), where she or he is located while testifying; (b) no other person is permitted to be in the same room with any remote witness unless specifically authorized by the Court; (c) each remote witness shall have with her or him only those documents also provided to the Court for consideration in connection with the matter(s) set for hearing and no other documents or data unless specifically authorized by the Court; and (d) no person may communicate with a witness during his or her testimony, except by direct examination or cross-examination on the record, unless specifically authorized by the Court. 7. RESPONSIBILITY FOR REMOTE WITNESSES: The party sponsoring each remote witness shall be responsible for ensuring that the remote witness has registered with Zoom and obtained the password-protected link to the video conference, the remote witness has obtained all exhibits prior to the hearing, and 2 the remote witness has the technological capability to participate in the hearing via Zoom. 8. CONDUCT DURING HEARING. To avoid distractions during the hearing, all participants must mute electronic devices and disable all audible alerts. Although conducted using video conferencing technology, the hearing is a court proceeding. The formalities of the courtroom must be observed. Counsel and witnesses must dress appropriately, exercise civility, and otherwise conduct themselves in a manner consistent with the dignity of the Court. 9. COMPLIANCE WITH FEDERAL JUDICIARY PRIVACY POLICY. All papers submitted to the Court, including exhibits, must comply with the federal judiciary privacy policy as referenced under Local Rule 5005-1(A)(2). (rev. 06/03/2025)

=== AO 2020-09 ===

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov In re: Administrative Order 2020-09 Adoption of Interim Local Rule 9070-1. Exhibits ________________________________/ The Court, having been advised by the Clerk of Court that electronic filing of exhibits is now available under this Court’s CM/ECF program, has determined that amendment to Local Rule 9070-1 is necessary to implement requirements for mandatory e-filing of exhibits by registered users. Accordingly, it is ORDERED as follows: (1) Effective immediately, for exhibits not already submitted and served in a pending matter, Local Rule 9070-1 is amended by substituting the following text as Interim Local Rule 9070-1. Rule 9070-1. Exhibits (A) Submission of Exhibits When All Parties Are Represented by Counsel. If all parties in an adversary proceeding or contested matter are represented by counsel, unless the Court orders otherwise, exhibits must be exchanged and submitted via CM/ECF by no later than 4:00 p.m. four business days before the scheduled trial or evidentiary hearing. The filing of exhibits via CM/ECF will constitute the parties’ delivery of exhibits to opposing parties as required by the Order Setting Filing and Disclosure Requirements for Pretrial and Trial (the “Pretrial Order”) entered in an adversary proceeding, or any similar scheduling order entered in connection with any contested matter. Instructions on the CM/ECF Electronically Stored Exhibit Upload program are located on the Court’s website at www.flsb.uscourts.gov. (B) Submission of Exhibits if a Party Is Not Represented by Counsel. If any party in an adversary proceeding or contested matter is not represented by counsel (a “pro se” party), then: (1) Each pro se party must submit her or his exhibits by sending them as Portable Document Format (PDF) files to the Clerk of Court by electronic mail to the following email address: [email protected], no later than 4:00 p.m. four business days before the scheduled trial or evidentiary hearing. The Clerk will upload exhibits of pro se parties via CM/ECF. This procedure will constitute the pro se party’s exchange of exhibits with represented parties. (2) Represented parties must, no later than 4:00 p.m. four business days before the scheduled trial or evidentiary hearing, (i) submit their exhibits via CM/ECF, and (ii) provide copies of their exhibits to each pro se party by email or via a cloud-based file-sharing service (and confirm receipt by the pro se party). In the event a pro se party is unable to receive copies of exhibits by email or via a cloud-based file-sharing service, a represented party must make alternative arrangements (including providing copies on a USB flash drive or, as a last resort, paper copies via express overnight delivery service) to provide copies of its exhibits. (C) Compliance with Federal Judiciary Privacy Policy and Local Rule 5005- 1(A)(2)(a). (1) All exhibits submitted for filing must comply strictly with the federal judiciary privacy policy and Local Rule 5005-1(A)(2)(a). Any party submitting an exhibit containing (i) unredacted personal identifiers (including, without limitation, full social security numbers, names of minor children, dates of birth, and financial account numbers), (ii) trade secrets or other confidential research, development, or commercial information, (iii) scandalous or defamatory matter, or (iv) matters that are made confidential by statute or regulation (collectively, “Confidential Information”), may be sanctioned. Sanctions may include striking pleadings, motions, or other papers; limiting or prohibiting the use of any or all exhibits (not just the improperly submitted exhibits); and other sanctions in the Court’s discretion. (2) If a party determines that any Confidential Information should be considered by the Court at the trial or evidentiary hearing, that party must nevertheless submit redacted copies of its exhibits in accordance with sections (A) and (B) of this Order, and seek authority to file the unredacted exhibits under seal as provided for in Interim Local Rule 5005-1(A)(4) as adopted by Administrative Order 2020-01. (D) Exhibit Registers and Numbering of Exhibits. Each party must prepare a separate exhibit register based upon the Local Form Exhibit Register (LF-49). Each exhibit submitted must be marked sequentially in numerical order and identified by the party submitting the exhibit (e.g., Plaintiff’s, Defendant’s, Creditor’s, Respondent’s Exhibit). After the conclusion of the trial or evidentiary hearing, the courtroom deputy will file a completed Exhibit Register in the case or adversary proceeding docket. (E) Format of Exhibits. Each exhibit must be electronically stored in an individual PDF file. Each party shall create a separate PDF document for each exhibit, labeled with the exhibit number (e.g., “Plaintiff’s Exhibit 1”). Each PDF document shall not exceed 50MB in size. 2 (F) Oversized Exhibits, Exhibits Other than Paper Documents, and Release or Disposal of Exhibits Not Electronically Filed. (1) Oversized Exhibits and Exhibits Other than Paper Documents. If a party wishes to introduce into evidence an oversized exhibit or an exhibit that is not a paper document, the party must scan or photograph the evidence, convert the file to a PDF file, and list the item on the Exhibit Register. If a party wishes the Court to consider at the trial or evidentiary hearing an oversized exhibit or an exhibit that is not a paper document, other than via the PDF file so tendered, the party must seek appropriate relief from the Court prior to the trial or evidentiary hearing. (2) Release or Disposal of Exhibits Not Electronically Filed. No exhibit received in evidence will be released from the Court during the evidentiary proceedings without an order of the Court. After a matter is no longer subject to appellate review, an exhibit may be returned to the party offering it without court order upon a written request stating that no appeal is pending and the case or proceeding is final. Any exhibit not returned within 30 days after a matter is no longer subject to appellate review may be destroyed or otherwise disposed of by the Clerk without further notice. (G) Procedure for Use of Electronically Stored Exhibits. (1) Use of Electronically Stored Exhibits in Court. The electronically stored exhibits filed via CM/ECF Electronically Stored Exhibit Upload are the official exhibits for purposes of the trial or evidentiary hearing. If a party wishes to introduce an original document at the trial or evidentiary hearing, the party must seek appropriate relief from the Court prior to the trial or evidentiary hearing. Unless otherwise ordered, the parties and their counsel must use the Court’s information technology equipment to show exhibits at trial. The parties are further encouraged to contact the courtroom deputy in advance of the trial for access to the equipment to ensure counsel can properly use the equipment at trial. through conducted evidentiary hearing (2) Providing Exhibits to Witnesses for Remote Hearings. For any trial or (e.g., videoconference or teleconference), unless otherwise ordered by the Court, each party must provide to each witness the party intends to call, a complete set of all exhibits submitted by all parties in the adversary proceeding or contested matter. Exhibits may be provided to witnesses by email, via a cloud- based file-sharing service, USB flash drive, or in paper form, and must be received by the witness so that the witness will have access to all exhibits during the trial or evidentiary hearing. remote means (3) Additional Exhibits. If any additional exhibits that were not uploaded via the CM/ECF Electronically Stored Exhibit Upload are offered or introduced into evidence during the course of the trial or evidentiary hearing, 3 a complete set of such additional exhibits must be filed via the CM/ECF Electronically Stored Exhibit Upload. Each exhibit submitted must be marked sequentially in numerical order and identified with the title “[Party’s Name]’s Additional Exhibit “[exhibit number” within three days after the conclusion of the trial or evidentiary hearing. A pro se party shall submit to the Clerk of Court to: [email protected]. electronic exhibits mail her his by or (2) The Local Form “Exhibit Register” shall be amended in accordance with amended Interim Local Rule 9070-1, and (3) The Clerk is directed to provide notice of entry of this Order and to annotate the Local Rules published on the Court website to reflect adoption of amended Interim Local Rule 9070-1, and to update citations to this Rule in any court rules, forms or other documents as required to reflect renumbering of the Rule by this Order. ORDERED in the Southern District of Florida, this 21th day of May 2020. c: All Southern District Bankruptcy Judges Joe Falzone, Clerk of Court – Bankruptcy 4

=== Main Case General Motion ===

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov In re: XXX, Debtor(s). / Case No.: XX-XXXXX-MAM Chapter XX ORDER SETTING BRIEFING SCHEDULE ON XXX (ECF NO. XX) THIS MATTER came before the Court upon the XXX (ECF No. XX) (the “Motion”) filed by Party A (“Movant(s)”). The Court, being fully advised in the premises, hereby ORDERS that: 1. Party B (“Respondent(s)”) may file a responsive pleading (the “Response”) to the Motion on or before [Month] [XX], 20[XX]. [Calculate date, allowing at least one week for order processing. Insert a calendar date, not a reference to number of days since date of entry of this Briefing Order.] If Respondent(s) elect(s) to file a Response, the title of the Response shall reference the ECF Number of the Motion. The Response must not exceed ten (10) pages in length, including any accompanying memoranda of law. If Respondent(s) choose to submit affidavits or supplemental documentation, those documents must be filed as individual exhibits to the Response. Failure to timely file a Response may result in the Court granting the Motion. 2. Movant(s) may file any reply (the “Reply”) to the Response on or before [Month] [XX], 20[XX]. [Insert a calendar date.] If Movant(s) choose to file a Reply, the Reply shall not exceed five (5) pages in length. 3. Movant(s) and Respondent(s) may file a Joint Stipulation of Facts (the “Joint Stipulation”) on or before [Month] [XX], 20[XX]. [Insert a calendar date.] Movant(s) and Respondent(s) must submit all required briefing and any desired supporting documentation prior to submission of any Joint Stipulation of Facts.1 The Joint Stipulation of Facts shall not exceed ten (10) pages in length. 4. The Response(s), Reply(-ies), Joint Stipulation, and any supporting memoranda must provide pinpoint citations to the record identifying pertinent facts by page and paragraph (or by line, in the case of transcripts). References to an entire exhibit or multiple pages of a document are insufficient. Each conclusion of law must also be supported by a pinpoint citation to the Bankruptcy Code, the 1 Although the parties may extend the briefing deadlines set forth herein by entry of an agreed order upon proper motion, the parties may not change the order in which the Response(s), Reply(-ies), and Joint Stipulation are filed. The parties shall file the Joint Stipulation after the Response(s) and Reply(-ies). 2 Bankruptcy Rules, and any applicable case law. These citations must specify the appropriate portion of the cited legal authority by page number or statutory/rule subsection. Failure to provide the Court with clear, accurate, and precise citations may result in the Court striking the relevant factual or legal assertion(s). 5. The Response(s), Reply(-ies), and Joint Stipulation shall be formatted with 12-point font (i.e. Times New Roman or Century Schoolbook) and double-spacing of paragraphs. Failure to adhere to page limitations may result in the Court striking the portion of the submission that exceeds the stated limitations.2 6. Failure to timely submit the Reply or Joint Stipulation may result in denial of the Motion without a hearing. ### Copy furnished to: XXX, Esq., Attorney for Movant(s) Attorney for Movant(s) must serve this Order upon all interested parties and file a conforming certificate of service. 2 Parties must seek and obtain entry of an order allowing excessive briefing prior to submission of any document that exceeds the page limitations stated herein. 3

=== Motion to Dismiss ===

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov Case No.: XX-XXXXX-MAM Chapter XX Adv. Proc. No.: XX-XXXXX-MAM In re: XXX, XXX, v. XXX, Debtor(s). Plaintiff(s), Defendant(s). / / ORDER SETTING BRIEFING SCHEDULE ON MOTION TO DISMISS (ECF NO. XX) THIS MATTER came before the Court upon the motion to dismiss (ECF No. __) (the “Motion”) filed by Party A (“Movant(s)”). The Court, being fully advised in the premises, hereby ORDERS that: 1. Party B (“Respondent(s)”) may file a responsive pleading (the “Response”) to the Motion on or before [Month] [XX], 20[XX]. [Calculate date, allowing at least one week for order processing. Insert a calendar date, not a reference to the number of days since date of entry of this Briefing Order.] If Respondent(s) elect(s) to file a Response, the title of the Response shall reference the ECF number of the Motion. The Response must not exceed ten (10) pages in length, including any accompanying memoranda of law. If Respondent(s) choose(s) to submit supplemental documentation, each document must be filed as an individual exhibit to the Response. Failure to timely file a Response may result in the Court granting the Motion. 2. Movant(s) may file a reply (the “Reply”) to the Response on or before [Month] [XX], 20[XX]. [Insert a calendar date.] If Movant(s) elect(s) to file a Reply, the Reply shall not exceed five (5) pages in length. If Movant(s) choose(s) to submit supplemental documentation, each document must be filed as an individual exhibit to the Reply. 3. The Response(s) and Reply(-ies) must provide pinpoint citations identifying (i) contested allegations by paragraph and (ii) describing the purported legal basis for dismissal (or lack thereof). Failure to provide the Court with clear, accurate, and precise citations may result in the Court striking the relevant factual or legal assertion(s). 4. The Response(s) and Reply(-ies) shall be formatted with 12-point font (preferably Times New Roman or Century Schoolbook) and double-spacing of 2 paragraphs. Failure to adhere to page limitations may result in the Court striking the portion of the submission that exceeds the stated limitations.1 ### Copy furnished to: Attorney Esq., Attorney for Movant(s) Attorney for Movant(s) must serve this Order upon all interested parties and file a conforming certificate of service. 1 Parties must seek and obtain entry of an order allowing excessive briefing prior to submission of any document that exceeds the page limitations stated herein. 3

=== Motion for Summary Judgment ===

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov Case No.: XX-XXXXX-MAM Chapter XX Adv. Proc. No.: XX-XXXXX-MAM In re: XXX, XXX, v. XXX, Debtor(s). Plaintiff(s), Defendant(s). / / ORDER SETTING BRIEFING SCHEDULE ON MOTION FOR SUMMARY JUDGMENT (ECF NO. XX) THIS MATTER came before the Court upon the motion for summary judgment (ECF No. __) (the “Motion”) filed by Party A (“Movant(s)”). The Court, being fully advised in the premises, hereby ORDERS that: 1. Party B (“Respondent(s)”) may file a responsive pleading (the “Response”) to the Motion on or before [Month] [XX], 20[XX]. [Calculate date, allowing at least one week for order processing. Insert a calendar date, not a reference to number of days since date of entry of this Briefing Order.] If Respondent(s) elect(s) to file a Response, the title of the Response shall reference the ECF Number of the Motion. The Response must not exceed ten (10) pages in length, including any accompanying memoranda of law. If Respondent(s) choose(s) to submit affidavits or supplemental documentation, those documents must be filed as individual exhibits to the Response. Failure to timely file a Response may result in the Court granting the Motion. 2. Movant(s) may file a reply (the “Reply”) to the Response on or before [Month] [XX], 20[XX]. [Insert a calendar date.] If Movant(s) elect(s) to file a Reply, the Reply shall not exceed five (5) pages in length. 3. Movant(s) and Respondent(s) shall file a Joint Stipulation of Facts (the “Joint Stipulation”) and a notice informing the Court that briefing is complete (the “Notice of Completion of Briefing”)1 on or before [Month] [XX], 20[XX]. [Insert a calendar date.] Movant(s) and Respondent(s) must submit all required briefing and any desired supporting documentation prior to submission of the Joint Stipulation of 1 The Notice of Completion of Briefing must be uploaded to CM/ECF using the “Notice of Filing” event code. 2 Facts and Notice of Completion of Briefing.2 The Joint Stipulation of Facts shall not exceed ten (10) pages in length. 4. The Response(s), Reply(-ies), Joint Stipulation, and any supporting memoranda must provide pinpoint citations to the record identifying pertinent facts by page and paragraph (or by line, in the case of transcripts). References to an entire exhibit or multiple pages of a document are insufficient. Each conclusion of law must also be supported by a pinpoint citation to the Bankruptcy Code, the Bankruptcy Rules, and any applicable case law. These citations must specify the appropriate portion of the cited legal authority by page number or statutory/rule subsection. Failure to provide the Court with clear, accurate, and precise citations may result in the Court striking the relevant factual or legal assertion(s). 5. The Response(s), Reply(-ies), and Joint Stipulation shall be formatted with 12-point font (i.e. Times New Roman or Century Schoolbook) and double-spacing of paragraphs. Failure to adhere to page limitations may result in the Court striking the portion of the submission that exceeds the stated limitations.3 2 Although the parties may extend the briefing deadlines set forth herein by entry of an agreed order upon proper motion, the parties may not change the order in which the Response(s), Reply(-ies), and Joint Stipulation are filed. The parties shall file the Joint Stipulation after the Response(s) and Reply(- ies). 3 Parties must obtain entry of an order allowing excessive briefing prior to submission of any document that exceeds the page limitations stated herein. 3 6. Failure to timely submit the Reply or Joint Stipulation may result in denial of the Motion without a hearing. ### Copy furnished to: XXX, Esq., Attorney for Movant(s) Attorney for Movant(s) must serve this Order upon all interested parties and file a conforming certificate of service. 4

=== Cross-Motion for Summary Judgment ===

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA www.flsb.uscourts.gov Case No.: XX-XXXXX-MAM Chapter XX Adv. Proc. No.: XX-XXXXX-MAM In re: XXX, XXX, v. XXX, Debtor(s). Plaintiff(s), Defendant(s). / / ORDER SETTING BRIEFING SCHEDULE ON CROSS-MOTION FOR SUMMARY JUDGMENT (ECF NO. XX) THIS MATTER came before the Court upon the cross-motion for summary judgment (ECF No. XX) (the “Motion”) filed by Party A (“Cross-Movant(s)”). The Court, being fully advised in the premises, hereby ORDERS that: 1. Party B (“Cross-Respondent(s)”) may file a responsive pleading (the “Response”) to the Cross-Motion on or before [Month] [XX], 20[XX]. [Calculate date, allowing at least one week for order processing. Insert a calendar date, not a reference to number of days since date of entry of this Briefing Order.] If Cross-Respondent(s) elect(s) to file a Response, the title of the Response shall reference the ECF Number of the Cross-Motion. The Response must not exceed ten (10) pages in length, including any accompanying memoranda of law. If Cross-Respondent(s) choose(s) to submit affidavits or supplemental documentation, those documents must be filed as individual exhibits to the Response. Failure to timely file a Response may result in the Court granting the Cross-Motion. 2. Cross-Movant(s) may file a reply (the “Reply”) to the Response on or before [Month] [XX], 20[XX]. [Insert a calendar date.] If Cross-Movant(s) elect(s) to file a Reply, the Reply shall not exceed five (5) pages in length. 3. Cross-Movant(s) and Cross-Respondent(s) shall file a Joint Stipulation of Facts (the “Joint Stipulation”) on or before [Month] [XX], 20[XX]. [Insert a calendar date.] Cross-Movant(s) and Cross-Respondent(s) must submit all required briefing and any desired supporting documentation prior to submission of the Joint Stipulation of Facts.1 The Joint Stipulation of Facts shall not exceed ten (10) pages in length. 1 Although the parties may extend the briefing deadlines set forth herein by entry of agreed order upon proper motion, the parties may not change the order in which the Response(s), Reply(-ies), and Joint Stipulation are filed. The parties shall file the Joint Stipulation after the Response(s) and Reply(-ies). 2 4. The Response(s), Reply(-ies), Joint Stipulation, and any supporting memoranda must provide pinpoint citations to the record identifying pertinent facts by page and paragraph (or by line, in the case of transcripts). References to an entire exhibit or multiple pages of a document are insufficient. Each conclusion of law must also be supported by a pinpoint citation to the Bankruptcy Code, the Bankruptcy Rules, and any applicable case law. These citations must specify the appropriate portion of the cited legal authority by page number or statutory/rule subsection. Failure to provide the Court with clear, accurate, and precise citations may result in the Court striking the relevant factual or legal assertion(s). 5. The Response(s), Reply(-ies), and Joint Stipulation shall be formatted with 12-point font (preferably Times New Roman or Century Schoolbook) and double- spacing of paragraphs. 6. Failure to timely submit the Reply or Joint Stipulation may result in denial of the Motion without a hearing. ### Copy furnished to: XXX, Esq., Attorney for Cross-Movant(s) Attorney for Cross-Movant(s) must serve this Order upon all interested parties and file a conforming certificate of service. 3