Adversary Proceeding Cover Sheet.

Any complaint or other document initiating an adversary proceeding that is not electronically filed must be accompanied by a completed adversary cover sheet conforming to Local Form 109. 69 Rule 7004-1 Summons and Notice of Pretrial Conference in an Adversary Proceeding. A party or attorney filing a complaint or third-party complaint must prepare a Summons and Notice of Pretrial Conference in an Adversary Proceeding (Local Form 108) (the “Summons”). The pretrial conference date must be a date that is at least 35 days and not more than 90 days from the date of the issuance of the Summons and set in accordance with Local Rule 7004-1(a) and (b) below.

The party or attorney filing the complaint or third-party complaint is responsible for serving the Summons and complaint, as well as the notice of dispute resolution alternatives substantially in compliance with Local Form 110B. The completed Summons and certificate of service must be filed in the adversary proceeding within 7 days after service of the Summons, complaint and notice of dispute resolution alternatives. (a) Chapter 11 and Chapter 15 Cases. In an adversary proceeding, the pretrial conference date required on Local Form 108 must be obtained from (i) the order setting omnibus hearing dates located on the docket in the main bankruptcy case, when the adversary proceeding is assigned to the same Judge presiding over the main bankruptcy case, or (ii) the assigned Judge’s scheduling clerk, when (A) there is no order setting omnibus hearing dates in the main bankruptcy case or (B) the adversary proceeding is assigned to a Judge other than the Judge presiding over the main bankruptcy case.

(b) Chapter 7, Chapter 12 and Chapter 13 Cases. In an adversary proceeding, the pretrial conference date required on Local Form 108 must be obtained from the respective Judge’s chambers page located on the Court’s website. 70 Rule 7007-1 Briefs: When Required and Schedule. (a) Briefing and Affidavit Schedule.

A party filing a motion in an adversary proceeding (except for a motion subject to Local Rule 7026-1 or a motion to approve a settlement of an adversary proceeding subject to subsection (c may not file a notice of motion. Unless otherwise ordered by the Court or agreed by the parties, the briefing schedule for any such motion is as follows: (i) (ii) The opening brief and any supporting affidavit or appendix must be filed and served on the date of the filing of the motion; The answering brief and any supporting affidavit or appendix must be filed and served no later than 14 days after service of the opening brief; and (iii) The reply brief and any supporting affidavit or appendix must be filed and served no later than seven (7) days after service of the answering brief. (iv) Any party may waive its right to file a brief in a filed pleading or in a separate notice filed with the Court. (b) (c) Citation of Subsequent Authorities.

No additional briefs, affidavits or other papers in support of or in opposition to the motion may be filed without prior approval of the Court, except that a party may call to the Court’s attention and briefly discuss pertinent cases decided after a party’s final brief is filed or after oral argument. Settlement Motions. Motions to approve a settlement of an adversary proceeding are subject to Local Rule 9013-1 and must be filed in the main bankruptcy case and the related adversary proceeding. The Judge assigned to the main bankruptcy case will consider the relief requested in the motion.

71 Rule 7007-2 Form and Contents of Briefs and Appendices. This Local Rule applies to motions filed in adversary proceedings, other than motions subject to Local Rules 7007-1(c) and 7026-1. (a) Form. (i) (ii) (iii) (iv) (v) Covers.

The front cover of each brief and appendix must contain the caption of the case, a title, the date of filing, the name and designation of the party for whom it is filed, and the name, address, telephone number and email address of counsel by whom it is filed, including the bar identification number for Delaware attorneys. Format. All filings must be double-spaced, in Courier New or Times New Roman font and in at least 12-point typeface. Side margins of briefs may not be less than 1 inch.

Page Numbering of Appendices. Pages of an appendix must be numbered separately at the bottom. The page numbers of appendices associated with opening, answering and reply briefs, respectively, must be preceded by a capital letter “A,” “B” or “C.” Transcripts and other papers reproduced in a manner authorized by this Local Rule must be included in the appendix, both with original and appendix pagination. Length.

Without leave of Court, no opening or answering brief may exceed 30 pages and no reply may exceed 15 pages, exclusive of any tables of contents and citations. Form of Citations. Citations will be deemed to be in acceptable form if made in accordance with “A Uniform System of Citation” published and distributed from time to time by the Harvard Law Review Association. State reporter citations may be omitted but citations to the National Reporter System must be included.

United States Supreme Court decisions must be to the official citation. (vi) Citation by Docket Number. References to earlier filings in the case or proceeding must include a citation to the docket item number as maintained by the Clerk’s Office, namely “D.I. 1.” (vii) Unreported Opinions. A copy of an unreported opinion must be attached to the document which cites it or must otherwise be provided to the Court if it is neither reported in the National Reporter System nor available on either WESTLAW or LEXIS.

(b) Contents of Briefs. If briefs are required, the following format must apply: (i) Opening and Answering Briefs. The opening and answering briefs must contain the following under distinctive titles, in the listed order: 72 (A) A table of contents setting forth the page number of each section, including all headings, designated in the body of the brief; (B) A table of citations of cases, statutes, rules, textbooks and other authorities, alphabetically arranged. If a brief does not contain any citations therein, a statement asserting this fact should be placed under this heading; (C) A statement of the nature and stage of the proceeding; (D) A summary of argument stating in separate numbered paragraphs the legal propositions upon which each side relies; (E) A concise statement of facts, with supporting references to appendices or record, presenting succinctly the background of the questions involved.

The statement must include a concise statement of all facts that should be known in order to determine the points in controversy. The answering counter- statement of facts need not repeat facts recited in the opening brief; (F) An argument divided under appropriate headings distinctly setting forth separate points; and (G) A short conclusion stating the precise relief sought. (ii) Reply Briefs. The party filing the opening brief may not reserve material for the reply brief that should have been included in a full and fair opening brief.

There may not be repetition of materials contained in the opening brief. A table of contents and a table of citations, as required by Local Rule 7007-2(b)(i)(A)-(B), must be included in the reply brief. (c) Contents of Appendices. Each appendix must contain a paginated table of contents and may contain such parts of the record that are material to the questions presented as the party wishes the Court to read.

Duplication must be avoided. Portions of the record must be arranged in chronological order. If testimony of witnesses is included, appropriate references to the pages of such testimony in the transcript must be made and asterisks or other appropriate means must be used to indicate omissions. Parts of the record not included in the appendix may be relied on in briefs or oral argument.

Whenever a document, paper or testimony in a foreign language is included in any appendix or is cited from the record in any brief, an English translation made under the authority of the Court, or agreed by the parties to be correct, must be included in the appendix or in the record. (d) Joint Appendix. The parties may agree on a joint appendix. 73 Rule 7007-3 Oral Argument, Hearing on Adversary Proceeding Motions.

No hearing will be scheduled on a motion filed only in an adversary proceeding unless the Court orders otherwise, except for discovery-related motions which shall be governed by Local Rule 7026-1. An application to the Court for oral argument on a motion must be in writing and filed with the Court and served on counsel for all parties in the proceeding by no later than 3 days after service of the reply brief or expiration without response of the deadline to answer or reply. An application for oral argument may be granted or denied at the discretion of the Court. Hearing and argument on a motion filed both in an adversary proceeding and the main case shall be governed by Local Rule 9013-1(c) and (d).

74 Rule 7007-4 Notice of Completion of Briefing or Certificate of No Objection. After briefing is concluded, counsel to the movant must file and serve on counsel for all parties a “Notice of Completion of Briefing” containing a list of all relevant filings (and the complaint, any answer(s), and any request(s) for oral argument) with related docket numbers or a “Certificate of No Objection” to the extent the respective motion or pleading was unopposed. The notice must be filed no later than 7 days after briefing is concluded. If the motion is not opposed, a Certification of No Objection in compliance with the requirements for a CoC under Local Rule 9019-1 may be filed with or after the filing of the motion.

If the motion is not objected to by the applicable objection deadline, the Certificate of No Objection may be filed 24 hours after that deadline. Upon the filing of said notice or certificate, counsel to the movant must deliver to the presiding Judge’s chambers in accordance with chambers procedures a copy of the notice or certificate and the filings identified in the notice or certificate. If the movant fails to file the notice or certificate, the non- movant may file the notice or certificate. For additional information on preparing the notice and any required binder of materials, please refer to the Court’s “Quick Reference Guide to Agendas and Hearing Binders” located on the Court’s website.

75 Rule 7008-1 Statement in Pleadings Regarding Consent to Entry of Order or Judgment in Adversary Proceeding. Reference is made to the requirement of Fed. R. Bankr. P. 7008 that a pleader state whether the party does or does not consent to the entry of final orders or judgments by the Court. If no such statement is included, unless otherwise ordered by the Court, the pleader will have waived the right to contest the authority of the Court to enter final orders or judgments. 76 Rule 7012-1 Statement in Responsive Pleading Regarding Consent to Entry of Order or Judgment in Adversary Proceeding.

Reference is made to the requirement of Fed. R. Bankr. P. 7012(b) that a filing party state whether the party does or does not consent to the entry of final orders or judgments by the Court. If no such statement is included, unless otherwise ordered by the Court, the filing party will have waived the right to contest the authority of the Court to enter final orders or judgments. 77 Rule 7012-2 Extension of Time to Plead or File Motion. The deadline to plead or move in response to a complaint or other pleading in an adversary proceeding may be extended for a period of up to 28 days by stipulation of the parties docketed with the Court or, for a longer period of time, by order of the Court.

Any motion for extension of time to plead or move in response to a complaint or other pleading in an adversary proceeding or a stipulation seeking entry of an order approving such an extension must be filed with the Court prior to the expiration of the deadline to be extended. Any deadline extended pursuant to this section will not affect any other deadline set forth in any Scheduling Order entered by the Court. 78 Rule 7016-1 Fed. R. Civ. P. 16 Scheduling Conference. In any adversary proceeding, the pretrial conference scheduled in the summons and notice issued under Local Rule 7004-1 shall be deemed to be the scheduling conference under Fed. R. Civ. P. 16(b).

(a) Attorney Conference Prior to Scheduling Conference. The attorneys for all parties must confer at least 7 days prior to the Fed. R. Civ. P. 16(b) scheduling conference to discuss: (i) The nature of the case; (ii) Any special difficulties that counsel foresee in prosecution or defense of the case; (iii) The possibility of settlement; (iv) Any requests for modification of the time for the mandatory disclosure required by Fed. R. Civ. P. 16(b) and 26(f); and (v) The items in Local Rule 7016-1(b). (b) Scheduling Conference. At the Fed. R. Civ. P. 16(b) scheduling conference, the Court may consider, in addition to the items specified in Fed. R. Civ. P. 16(b) and 16(c), the following matters: (i) The schedule applicable to the case, including a trial date, if appropriate; (ii) The number of interrogatories and requests for admissions to be allowed by any party and the number and location of depositions; (iii) How discovery disputes are to be resolved; (iv) The briefing practices to be employed in the case, including what matters are or are not to be briefed and the length of briefs; (v) The possibility of settlement; (vi) Whether the matter could be resolved by voluntary mediation or binding arbitration; and (vii) Timing and procedures for any party’s motion for relief contemplated by Fed. R. Bankr. P. 7016(b).

(c) Attendance at Scheduling Conference. Unless otherwise permitted by the Court, the conference described in Local Rule 7016-1(b) will be an in-person conference. Counsel who expect to have a significant role in the prosecution or defense of the case are required to attend the conference. (d) Written Discovery Plan and Scheduling Order.

Unless otherwise ordered by the Court, the parties are not required to file a written discovery plan as provided under Fed. R. Civ. P. 79 (e) (f) 26(f). Plaintiff must file a proposed scheduling order by no later than 3 days prior to the conference described in Local Rule 7016-1(b). Any other party may file a proposed scheduling order by no later than 1 day before such conference. Omnibus Procedures or Scheduling Orders.

A request for entry of an omnibus procedures or scheduling order in multiple adversary proceedings must be made by motion and will not be considered by the Court prior to the date of the conference described in Local Rule 7016-1(b), absent a showing of good cause. Notification of Intent to File Fed. R. Bankr. P. 7016(b) Motion. Any party that has not consented to, or waived its right to, contest the authority of the Court to enter final orders or judgments must, to the extent reasonably practicable, notify the Court at the conference described in Local Rule 7016-1(b) of such party’s intent to file a motion as contemplated by Fed. R. Bankr. P. 7016(b) and the relief the party intends to seek. 80 Rule 7016-2 Pretrial Conference.

A pretrial conference must be held if scheduled in a scheduling order issued under Local Rule 7016-1(b) or if requested by a party under this Local Rule. (a) (b) (c) (d) Request for Pretrial Conference. Any party may request that a pretrial conference be held following the completion of discovery by contacting the Court. At least 14 days’ notice of the time and place of such pretrial conference must be given to all parties in interest by the attorney for the party requesting the pretrial conference.

Failure to Appear at Pretrial Conference or to Cooperate. Unless otherwise permitted by the Court, all counsel who will conduct the trial are required to appear before the Court for a pretrial conference. Should an attorney for a party fail to appear or to cooperate in the preparation of the pretrial order specified in Local Rule 7016-2(d), the Court, in its discretion, may impose sanctions, such as costs and fines. The Court may further hold a pretrial hearing, ex parte or otherwise, and, after notice, enter an appropriate judgment or order.

Attorney Conference Prior to Final Pretrial Conference. The parties must meet and confer in good faith so that the plaintiff may file the pretrial order in conformity with this Rule. Pretrial Order. At least 7 days prior to the final pretrial conference, the attorney for the plaintiff must file with the Court a proposed pretrial order, signed by an attorney for each party, that covers the following items, as appropriate: (i) A statement of the nature of the action, the pleadings in which the issues are raised (e.g., third amended complaint and answer) and whether counterclaims, crossclaims, etc., are involved; (ii) The constitutional or statutory basis of federal jurisdiction, together with a brief statement of the facts supporting such jurisdiction; (iii) Whether the proposed order addresses the subject matters required to be addressed by Fed. R. Bankr. P. 7016(b); (iv) A statement of the facts that are admitted and that require no proof; (v) A statement of the issues of fact that any party contends remain to be litigated; (vi) A statement of the issues of law that any party contends remain to be litigated, and a citation of authorities relied upon by each party; (vii) A list of premarked exhibits, including designations of interrogatories and answers thereto, requests for admissions and responses, and depositions that each party intends to offer at trial, with a specification of those that may be admitted into evidence without objection, those to which there are objections and the Federal Rule of Evidence relied upon by the proponent of and objector to the exhibit.

Copies of the exhibits, premarked and separated by tabs, must be furnished to opposing 81 counsel and submitted to the respective Judge’s chambers in accordance with chambers procedures at least 7 days before the final pretrial conference or trial (if no final pretrial is requested). Copies of the exhibits must not be electronically filed; (viii) The names of all witnesses a party intends to call to testify, either in person or by deposition, at the trial and the specialties of experts to be called as witnesses; (ix) A brief statement of what the plaintiff intends to prove in support of the plaintiff’s claims, including the details of the damages claimed or of other relief sought; (x) A brief statement of what the defendant intends to prove as defenses; (xi) Statements by counterclaimants or crossclaimants comparable to that required of the plaintiff; (xii) Any amendments of the pleadings desired by any party with a statement whether it is unopposed or objected to and, if objected to, the grounds thereon; (xiii) A certification that the parties have engaged in a good faith effort to explore the resolution of the controversy by settlement; (xiv) Any other matters that the parties deem appropriate; and (xv) The concluding paragraph of the draft of the pretrial order shall read: THIS ORDER SHALL CONTROL THE SUBSEQUENT COURSE OF THE ACTION UNLESS MODIFIED BY THE COURT TO PREVENT MANIFEST INJUSTICE. 82 Rule 7016-3 Remote Fed. R. Civ. P. 16 Scheduling Conference or Pretrial Conference. Unless the presiding judge’s chambers procedures allow remote participation at a scheduling conference or pretrial conference, at least 24 hours before the time scheduled for a scheduling conference or pretrial conference, any party to the conference may request that the conference be conducted remotely or that the party be permitted to participate remotely.

Such request may be made by telephone to the Court and must be communicated contemporaneously to other counsel known to be involved in the hearing or conference. Any party objecting to the request must promptly advise the Court and other counsel. 83 Rule 7026-1 Discovery. (a) (b) Cooperation and Proportionality.

Parties are expected to confer and attempt in good faith to reach agreement cooperatively on how to conduct discovery under Fed. R. Civ. P. 26- 36 and these Local Rules. Parties also are expected to use reasonable, good faith and proportional efforts including to preserve, identify and produce relevant information. This may include identifying appropriate limits to discovery, including limits on custodians, identification of relevant subject matter, time periods for discovery and other parameters to limit and guide preservation and discovery issues. Notice.

All motion papers under Fed. R. Bankr. P. 7026-7037 and 9016 must be filed and served so as to be received at least 7 days before the hearing date on such motion. When service is made for a discovery related motion under this Local Rule, any objection must be filed and served so as to be received at least 1 business day before the hearing date. (c) Motions to Include the Discovery at Issue. Any discovery motion filed under Fed. R. Bankr. P. 7026-7037 and 9016 must include, in the motion or supporting brief, a verbatim recitation of each interrogatory, request, answer, response, or objection that is the subject of the motion, or must have attached a copy of the actual discovery document which is the subject of the motion.

(d) Certification of Counsel. Except for cases or proceedings involving pro se parties or motions brought by nonparties, every motion under this Local Rule must be accompanied by an averment of Delaware counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion or the basis for the moving party not making such an effort. Unless otherwise ordered, failure to so aver may result in dismissal of the motion. 84 Rule 7026-2 Service of Discovery Materials.

(a) (b) Service With Filing. In cases involving pro se parties, all requests for discovery under Fed. R. Civ. P. 26, 30, 31, 33 through 36, and answers and responses thereto, must be served upon other counsel or parties and filed with the Court. Service Without Filing. In cases where all parties are represented by counsel, all requests for discovery under Fed. R. Civ. P. 26, 30, 31, 33 through 36 and 45, and answers and responses thereto, and all required disclosures under Fed. R. Civ. P. 26(a), must be served upon other counsel or parties but not filed.

In lieu thereof, the party requesting discovery and the party serving responses thereto must file a “Notice of Service” containing a certification that a particular form of discovery or response was served on other counsel or opposing parties and the date and manner of service. (i) (ii) Filing the notice of taking of oral depositions required by Fed. R. Civ. P. 30(b)(1) and 30(b)(6), and filing of proof of service under Fed. R. Civ. P. 45(b)(4) in connection with subpoenas, will satisfy the requirement of filing a “Notice of Service.” The party responsible for service of the discovery request or the response must retain its respective originals and become the custodian of them. The party taking an oral deposition must be custodian of the original deposition transcript; no copy must be filed except pursuant to subparagraph (iii). Unless otherwise ordered, Delaware counsel must be the custodian.

(iii) If depositions, interrogatories, requests for documents, requests for admissions, answers, or responses are to be used at trial or are necessary to a pretrial or post trial motion, the verbatim portions thereof considered pertinent by the parties must be filed with the Court when relied upon. (iv) When discovery not previously filed with the Court is needed for appeal purposes, the Court, on its own motion, on motion by any party, or by stipulation of counsel, may order the necessary material delivered by the custodian to the Court. (v) The Court on its own motion, on motion by any party, or on application by a nonparty, may order the custodian to file the original of any discovery document. 85 Rule 7026-3 Discovery of Electronic Documents (“E- Discovery”).

(a) (b) (c) (d) (e) Introduction. This Local Rule applies to all matters covered by Fed. R. Civ. P. 26. It is expected that parties to a contested matter or adversary proceeding will cooperatively reach agreement on how to conduct e-discovery, including as provided under Local Rule 7026- 1(a). However, the following default standards shall apply until further order of the Court or the parties otherwise reach agreement.

Discovery Conference. In a contested matter, the parties must discuss the parameters of their anticipated e-discovery prior to or concurrent with the service of written discovery by the parties. In an adversary proceeding, the discussions will take place on or before the date of the Fed. R. Civ. P. 26(f) conference, as well as at the Fed. R. Civ. P. 16 scheduling conference with the Court. The parties must discuss the following: (i) (ii) The issues, claims and defenses asserted in the case that define the scope of discovery; The likely sources of potentially relevant information (i.e. the “discoverable information”), including witnesses, custodians and other data sources (e.g., paper files, email, databases, servers, etc.); (iii) Technical information, including the exchange of production formats; (iv) The existence and handling of privileged information; and (v) The categories of electronic information that should be preserved.

To the extent that the state of the pleadings does not permit a meaningful discussion of the above including by the time of the Rule 26(f) conference, the parties must either agree on a date by which this information will be mutually exchanged or submit the issue for resolution by the Court including at any Rule 16 scheduling conference. On-site Inspections of Electronic Media. On-site inspections of electronic media under Fed. R. Civ. P. 34(b) will not be permitted absent exceptional circumstances, where good cause and specific need have been demonstrated. Search Methodology.

If the producing party elects to use search terms to locate potentially responsive electronic documents, it must disclose such terms to the requesting party. Format. Electronic documents must be produced to the requesting party as text searchable image files. When the image file is produced, the producing party must preserve the integrity of the electronic document’s contents, i.e., the original formatting of the document, its metadata and, where applicable, its revision history.

The parties must produce their information in the following format: single page TIFF images and associated multi-page text files containing extracted text or OCR with Concordance and Opticon load files containing all the requisite information including relevant metadata. The only files that should be produced in native format are files not easily converted to image format, such as Excel and Access files. The parties are only obligated to provide the following 86 metadata for all electronic information produced, to the extent such metadata exists: Custodian, File Path, Email Subject, Conversation Index, From, To, CC, BCC, Date Sent, Time Sent, Date Received, Time Received, Filename, Author, Date Created, Date Modified, MD5 Hash, File Size, File Extension, Control Number Begin, Control Number End, Attachment Range, Attachment Begin, and Attachment End (or the equivalent thereof). After initial production in image file format is complete, a party must demonstrate particularized need for production of electronic documents in their native format.

87 Rule 7030-1 Depositions. (a) Attendance at Deposition. A deposition may be attended only by (i) the deponent, (ii) counsel for any party and members and employees of their firms, (iii) a party who is a natural person, (iv) an officer or employee of a party who is not a natural person designated as its representative by its counsel, (v) counsel for the deponent, (vi) any consultant or expert designated by counsel for any party, (vii) the U.S. Trustee, (viii) counsel for any Chapter 7, 11, or 13 trustee, (ix) counsel for the debtor, (x) counsel for any official committee and (xi) counsel for any party providing postpetition financing to the debtor under 11 U.S.C. § 363 or 364. If a confidentiality order has been entered, any person who is not authorized under the order to have access to documents or information designated confidential must be excluded from a deposition upon request by the party who is seeking to maintain confidentiality while a deponent is being examined about any confidential document or information.

(b) Reasonable Notice of Deposition. Unless otherwise ordered by the Court, “reasonable notice” for the taking of depositions under Fed. R. Civ. P. 30(b) is not less than 7 days. (c) Motions to Quash. Any party seeking to quash a deposition must file a motion with the Court under Fed. R. Civ. P. 26(c) or 30(d).

If such motion is filed by no later than the business day before the scheduled deposition, neither the objecting party, witness, nor any attorney is required to appear at the deposition to which the motion is directed until the motion is resolved. (d) Depositions Upon Oral Examination. From the commencement until the conclusion of deposition questioning by an opposing party, including any recesses or continuances thereof of less than 5 days, counsel for the deponent may not consult or confer with the deponent regarding the substance of the testimony already given or anticipated to be given, except for the purpose of conferring on whether to assert a privilege against testifying or on how to comply with a Court order. 88 Rule 7055-1 Default.

All applications, motions or requests for default/default judgment under Fed. R. Bankr. P. 7055 must be served on the party against whom a default is sought and the party’s attorney if an entry of appearance has been filed in the adversary proceeding or bankruptcy case, in accordance with