EMERGENCY MOTIONS AND APPLICATIONS FOR ORDERS

SETTING HEARING ON SHORTENED NOTICE (a) Emergency Motion. (1) Scope of Rule. An emergency motion requiring an order on less than 48 hours notice must be obtained in accordance with this rule. (2) Obtaining Hearing Date and Time.

Unless otherwise ordered by the court, a hearing date and time may be obtained by telephoning the chambers of the judge to whom the case is assigned or such member of the judge’s staff as may be designated to schedule hearings on emergency motions. (A) The contact information for the designated member of the judge’s staff is available in The Central Guide, Section 3-08. Prior to telephoning chambers, the court’s website should be consulted to determine whether the judge has additional procedures or instructions for obtaining a hearing on an emergency motion. (B) The request for a hearing on less than 48 hours notice may be granted if the party shows cause why a hearing is needed within 48 hours, and why the court should set a hearing before the motion is filed and before a declaration has been filed setting forth the need for a hearing on less than 48 hours notice.

148 LBR 9075-1 (3) Court Ruling on Request for Hearing. The request for a hearing on less than 48 hours notice will be determined by the court on the basis of the telephonic communication, subject to the right of any party to object to the adequacy of notice pursuant to subsection (c) of this rule. The court will promptly notify the movant whether it approves or denies the movant’s request. (4) Contents of Motion.

The motion must: (A) state the relief requested, (B) comply with any other applicable provisions of these rules regarding the relief requested, and (C) be accompanied by the declaration of one or more competent witnesses under penalty of perjury that (i) justifies the setting of a hearing on less than 48 hours notice and (ii) supports the granting of the motion itself on the merits. A separate motion for an expedited hearing is not required under this rule. (5) Telephonic Notice. Unless otherwise ordered by the court, immediately upon obtaining a hearing date and time, movant must give telephonic notice of the emergency hearing and the substance of the motion to the parties to whom notice of the motion is required to be given under the FRBP and these rules, the United States trustee, and any other party that is likely to be adversely affected by the granting of the motion.

Movant must also advise the parties by telephone whether the motion will be served by email, fax, or personal service. (6) Service of Motion. Unless otherwise ordered by the court, movant must serve the motion by email, fax, or personal service on the parties set forth in subsection (a)(5) not later than the time the motion is filed with the court. (7) Filing of Motion.

Unless otherwise ordered by the court, the motion must be filed not later than 2 hours before the time set for the hearing and a judge’s copy served on the judge in chambers in accordance with LBR 5005-2(d). (8) Response to Motion. Any response, written or oral, to the motion may be presented at the time of the hearing on the motion. (9) Proof of Notice to be Presented at the Hearing.

At the time of the hearing, movant must present to the court and file (A) a declaration of the efforts made to give telephonic notice of the hearing and substance of the emergency motion to the parties set forth in subsection (a)(5) and (B) a proof of service of the motion. (b) Order Setting Hearing on Shortened Notice. (1) Scope of Rule. A party may request that a non-emergency motion be heard on notice shorter than would otherwise be required by these rules.

Such a request must be made by written application consistent with court-approved form F 9075- 1.1.APP.SHORT.NOTICE, Application for Order Setting Hearing on Shortened Notice (“application”). The application may be granted for good cause shown in accordance with this rule. 149 LBR 9075-1 (2) Contents of Application. Unless otherwise ordered by the court, the application must: (A) Describe the nature of the relief requested in the underlying motion, identify the parties affected by the relief requested in the motion, and state the reasons necessitating a hearing on shortened notice; and (B) Be supported by the declaration of one or more competent witnesses under penalty of perjury that justifies the setting of a hearing on shortened notice and establishes a prima facie basis for the granting of the underlying motion.

(3) Filing of Application. An application must be filed with the clerk concurrently with the motion that is to be heard on shortened notice. (4) Service of Application. Unless otherwise ordered by the court, movant must serve the application and the motion on each of the parties to whom notice of the underlying motion is required to be given under the FRBP and these rules, the United States trustee, and any other party that is likely to be adversely affected by the granting of the underlying motion.

A separate notice of the application is not required. (5) Proposed Order Setting Hearing on Shortened Notice. At the time the application and underlying motion are filed, movant must lodge a separate proposed order consistent with court-approved form F 9075-1.1.ORDER.SHORT.NOTICE, Order Setting Hearing on Shortened Notice that (A) identifies the parties to whom notice is proposed to be given; (B) states the nature and timing of the proposed shortened notice, which must not be less than 48 hours; (C) states the means of service, i.e., telephone, fax, email, personal service, or as ordered by the court; and (D) contains appropriate blanks for the court to insert the date and time of the hearing and the date for filing and serving the opposition. (6) Court Ruling on Application.

The application will be determined by the court on the basis of the documents submitted with the application, subject to the right of any party to object to the adequacy of notice pursuant to subsection (c) of this rule. The court will promptly notify the movant of its decision on the application and, if granted, the date and time set for the hearing. (7) Notice of Hearing. (A) If the application is granted, movant must serve the order setting the hearing on shortened notice on each of the parties to whom notice of the underlying motion is required to be served by the FRBP and these rules, the United States trustee, any other party that is likely to be adversely affected by the granting of the underlying motion, and as otherwise ordered by the court.

Notice must be given by telephone, fax, email, personal service, or as ordered by the court. (B) If the application is denied, movant may, unless otherwise ordered by the 150 LBR 9075-1 court, set the underlying motion for hearing on regular notice and serve notice of the hearing in accordance with LBR 9013-1(d). (8) Proof of Service. Proof of service of all required documents must be filed at least 2 days before the hearing, unless otherwise ordered by the court.

(c) Objection to Timing of Hearing. At the hearing on the motion, any party may object to the adequacy of the notice provided and seek a continuance for good cause shown. 151 [BLANK PAGE] 108 Appendix I LOCAL BANKRUPTCY RULES FORMS LIST For a list of Local Bankruptcy Rules Forms refer to the Forms/Local Bankruptcy Rules Forms tab on the Court’s website www.cacb.uscourts.gov 01/19 [BLANK PAGE] 108 LBR APPENDIX II (revised 12/18/19) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 UNITED STATES BANKRUPTCY COURT CENTRAL DISTRICT OF CALIFORNIA In Re: ATTORNEY DISCIPLINE PROCEDURES IN BANKRUPTCY COURT SIXTH AMENDED GENERAL ORDER 96-05 This general order establishes a process for court wide discipline of attorneys in the Applicability bankruptcy court. These procedures shall apply when any judge of this court wishes to challenge the right of an attorney to practice before this court or recommends the imposition of attorney discipline intended to apply in all bankruptcy cases in this court.

Nothing in this general order is intended to limit or restrict the authority of any judge to impose sanctions on any attorney in any case or cases assigned to that judge. Initiation of Disciplinary Proceedings If a bankruptcy judge wishes to initiate disciplinary proceedings under this general order, that judge (the “Referring Judge”) shall prepare and file with the Clerk of Court - 1 - [SIXTH] AMENDED GENERAL ORDER 96-05 LBR APPENDIX II (revised 12/18/19) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a written Statement of Cause setting forth the judge’s basis for recommending discipline and a description of the discipline the referring judge believes is appropriate. The clerk shall open a case file, assign a miscellaneous case number, and initiate a docket for the file. The clerk shall then send notice to all judges of this Court, including any judges on recall, with the Statement of Cause and provide a two-week deadline for any judge to add any additional statement.

The clerk shall then select three bankruptcy judges of this district at random (excluding the judge who filed the Statement of Cause and any judge who sent an additional statement) to serve on the Hearing Panel (the “Panel”) which will determine whether the attorney shall be disciplined and, if so, the type and extent of discipline. If any of the Statements of Cause have not been served on the attorney under review, they shall be sent to the attorney named in the Statement(s) of Cause. The most senior judge assigned to the Panel shall be the Presiding Judge. The clerk shall prepare a Designation of Hearing Panel and Presiding Judge which shall include a signature line for each of the designated judges.

The signature of each judge shall certify his or her acceptance of assignment to the Panel. Should any judge decline to serve, the clerk shall select another judge to serve on the Panel, give written notice thereof to the other judges on the Panel and issue a Supplemental Designation of Hearing Panel, which shall contain a signature line for the newly appointed judge to accept the assignment. Once the clerk has obtained the acceptance of three judges to serve on the Panel, the clerk shall prepare a Notice of Assignment of Hearing Panel, which the clerk will serve on the attorney named in the Statement of Cause (“the attorney”) and on the local Office of the United States Trustee, along with a copy of the Statement of Cause and a copy of this general order. The attorney may file a motion for recusal as to any of the judges assigned to the Panel within 14 days of the service of the Notice of the Assignment of Hearing Panel and serve the motion on the Office of the United States Trustee.

That motion may be heard by any judge other than the referring judge, any judge who sent an additional statement, any judge assigned to the Panel, or any judge who has declined to serve on the Panel. The assignment of the recusal motion to a judge shall be made at random by the clerk, who shall - 2 - [SIXTH] AMENDED GENERAL ORDER 96-05 LBR APPENDIX II (revised 12/18/19) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 give notice of the recusal hearing to the attorney and to the Office of the United States Trustee at least 14 days before the hearing date. Once the period for bringing a recusal motion has terminated, or after disposition of any recusal motion, the Presiding Judge shall advise the clerk of the date, time, and place for the Disciplinary Hearing, whereupon the clerk shall prepare a Notice of Disciplinary Hearing and mail the notice to the attorney and to the Office of the United States Trustee at least 21 days before the hearing date. If, at any point in this process, a judge has accepted assignment of a case but must later withdraw, the clerk will randomly assign another judge to the Panel.

The above procedure for acceptance of assignment to the panel and opportunity to file a motion for recusal will be followed as to the judge substituting in to the Panel. Whenever the California State Bar suspends or disbars an attorney who has an active case in this court, the Chief Judge (or another judge of the Court designated by the Chief Judge) will issue an order to show cause to the attorney requiring him or her to explain why the same discipline should not be imposed suspending or disbarring that attorney from practicing before this court. If no response is received by the deadline provided, the attorney will be barred or suspended from practice in front of this court with no further proceedings. If the attorney responds and wishes to challenge further suspension or disbarment, the Clerk shall open a case file and proceed in the same manner as provided for in the above initiation of proceedings.

If requested, the attorney must authorize the State Bar to share appropriate files with the disciplinary panel as part of 22 its review. 23 24 25 26 27 28 Additional Input The Panel or any member thereof may request additional information concerning the conduct of the attorney in the subject case or any other case from the Referring Judge, the United States Trustee and/or another judge(s) in this district. Any such request (a “Request”) shall be in writing and shall be filed in the disciplinary proceeding and served on all members - 3 - [SIXTH] AMENDED GENERAL ORDER 96-05 LBR APPENDIX II (revised 12/18/19) 1 2 3 4 5 6 7 8 9 of the Panel, the attorney, the United States Trustee and the party or parties to whom the Request is directed. The Request shall specify a deadline for the response.

Any response(s) to a Request (a “Response”) shall be in writing and shall be filed in the disciplinary proceeding and served on all members of the Panel, the attorney and the United States Trustee. The attorney may file a written reply to a Response within 7 days after service of the Response. A copy of the reply shall be served on all members of the Panel, the United States Trustee and the party who filed the Response. Except in a Response or as otherwise authorized in this Order, the Referring Judge and any judge who sent an additional statement shall not communicate with the Panel 10 concerning the merits of a pending disciplinary proceeding.

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Hearing Procedures The attorney may appear at the Disciplinary Hearing with legal counsel and may present evidence: (A) (B) Refuting the statements contained in the Statement of Cause; Refuting the statements contained in a Response; (C) Mitigating the discipline (i.e., that, notwithstanding the validity of the statements in the Statement of Cause or a Response, the attorney should not be disciplined); and (D) Bearing on the type and extent of disciplinary action appropriate under the circumstances. The Federal Rules of Evidence shall apply to the presentation of evidence at the Disciplinary Hearing, and an official record of the proceedings shall be maintained as though the Disciplinary Hearing were a contested matter as that term is defined in the Federal Rules of Bankruptcy Procedure. The United States Trustee for the district may appear at the hearing in person or by counsel and may participate in the presentation of evidence as though she or he were a party to the proceeding. If the United States Trustee wishes to appear at the hearing, she or he must file a Notice of Intent to Appear, setting forth the purposes for the appearance, and serve that notice on the attorney at least 14 days before - 4 - [SIXTH] AMENDED GENERAL ORDER 96-05 LBR APPENDIX II (revised 12/18/19) 1 2 3 4 5 6 7 8 9 10 11 12 the hearing.

The Panel may disregard written statements or declarations of innocence or in mitigation of the attorney’s conduct unless they are filed with the court with copies delivered promptly thereafter to the chambers of each member of the Panel at least 7 days prior to the hearing. Written statements presented to the Panel for consideration as evidence by or on behalf of the attorney may be disregarded by the Panel if the declarant is unavailable at the hearing for cross-examination and for examination by the Panel. Ruling At the conclusion of the Disciplinary Hearing, the judges of the Panel will adjourn to a private session to consider the matter. The ruling of the Panel will be made by majority vote of the judges on the Panel.

The Presiding Judge will assign to a judge in the majority the task of drafting the Panel’s Memorandum of Decision setting forth the majority’s decision and its reasons. Any member of the Panel may issue a concurring or dissenting opinion 13 which will be made a part of the Memorandum of Decision. 14 15 16 17 18 The Panel shall issue a Discipline Order signed by all members of the Panel based on the Panel’s Memorandum of Decision. That order may provide for any appropriate discipline, including but not limited to revocation or suspension of the right to practice before all the judges of this court.

A copy of the entered Discipline Order shall be served on the attorney, all judges of the United States Bankruptcy Court for the Central District of California 19 and the United States Trustee. 20 21 22 23 The attorney, the Referring Judge and/or the United States Trustee may file a motion for rehearing, clarification or more detailed findings (a “motion for rehearing”) within 14 days after entry of the Discipline Order. (Nothing contained in this order precludes the Panel appointed in a given disciplinary proceeding from concluding that a Referring Judge lacks 24 standing to file a motion for rehearing.) 25 26 27 The Discipline Order will become final 14 days after entry or, if a motion for rehearing is filed, 14 days after entry of an order denying the motion for rehearing. The same rule as to finality will apply to a new or revised Discipline Order, if one is issued by the Panel after 28 rehearing. - 5 - [SIXTH] AMENDED GENERAL ORDER 96-05 LBR APPENDIX II (revised 12/18/19) The Discipline Order shall be sent by the clerk to the Clerk of the District Court.

Should the Panel so order, a Discipline Order also may be transmitted by the clerk to the State Bar of California or published in designated periodicals, or both. If an attorney’s practice privileges have been revoked, modified, or suspended by final order of a Panel, the attorney may not appear before any of the judges of this court representing any other persons or entities except in compliance with the terms of the Discipline Order. An attorney whose privileges have been revoked, modified, or suspended under this general order may apply to the Chief Judge of this court for reinstatement of privileges on Reinstatement the following schedule: (A) If privileges were revoked without condition for an unlimited period of time, the attorney may apply for reinstatement after five years from the date the Discipline Order becomes final; (B) If privileges were revoked or suspended with specified conditions precedent to reinstatement, the attorney may apply for reinstatement upon fulfillment of the conditions set forth in the Discipline Order; and (C) If privileges were suspended for a specified period of time, the attorney may apply for reinstatement at the conclusion of the period of suspension or five years after the Discipline Order becomes final, whichever first occurs. An Application for Reinstatement of Privileges must include a copy of the Discipline Order, proof that all conditions justifying reinstatement have been fulfilled, and proof that the applicant is in good standing before the United States District Court for the Central District of California and is a member in good standing of the State Bar of California.

If the attorney’s privileges were revoked, or if the suspension was for a time in excess of five years and was without any conditions precedent to reinstatement, it shall be within the sole discretion of the Chief Judge whether to issue a reinstatement order. If the Chief Judge determines that the - 6 - [SIXTH] AMENDED GENERAL ORDER 96-05 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 LBR APPENDIX II (revised 12/18/19) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 attorney is entitled to reinstatement of practice privileges, he or she may issue a Reinstatement Order. Upon entry of the Reinstatement Order, the attorney affected thereby shall be deemed eligible to practice before all the judges of this court except to the extent any judge of this court has issued an order, other than under this rule, denying that attorney the right to appear before that judge or to appear in a particular case. Upon entry, the clerk shall transmit a copy to all judges of this court and to the attorney, the clerk of the District Court, and to the United States Trustee.

In addition, if the Discipline Order was sent to the State Bar or published, the Clerk shall transmit the Reinstatement Order to the State Bar and publish it in the same publication, if possible. If the Chief Judge does not grant the Application for Reinstatement of Privileges, he or she shall issue an order denying the application together with a separate written statement of the reasons for his or her decision. That order will become final 14 days after entry. If an attorney’s Application for Reinstatement of Privileges is denied, he or she may reapply for reinstatement after one year from the date of entry of the order denying the previous application or within such other time or upon fulfillment of such conditions as may 16 be set forth in the order denying reinstatement.

17 18 19 20 21 22 23 Maintenance of Discipline Files Except to the extent that access to a particular file is restricted or prohibited by order of the Chief Judge or the Panel to which the matter was assigned, (1) those files shall be maintained in accordance with applicable law and rules for maintenance of miscellaneous files of this court and shall be available for review and copying by members of the public, and (2) orders, opinions and written memoranda issued in these matters shall be published 24 on the court’s website. 25 26 27 28 The clerk shall close a disciplinary file 30 days after entry of a dispositive order (for example, an Order Re Revocation of Privileges or a Reinstatement Order) in that proceeding unless within that time the clerk receives a Notice of Appeal of any order rendered in the proceeding or other information justifying maintenance of the file in an open - 7 - [SIXTH] AMENDED GENERAL ORDER 96-05 LBR APPENDIX II (revised 12/18/19) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 status. The clerk shall reopen a disciplinary file upon the request of the attorney, for the convenience of the court, or upon order of any judge of this court, whereupon the clerk shall advise the Chief Judge accordingly. So long as any disciplinary files remain open, the clerk shall provide the Chief Judge a quarterly status report of all such open files to which will be attached copies of their dockets.

The Chief Judge may order any such files closed when he or she deems it appropriate, consistent with the provisions hereof and the status of any such matter. Motion to Have Opinion Removed from Website At any time after the entry of a Reinstatement Order, the attorney may apply to the Chief Judge of this court for an order directing the Clerk to remove the Discipline Order and any related opinion and memoranda from the court’s website. An application for this relief must include a copy of the Discipline Order and the Reinstatement Order. It shall be within the sole discretion of the Chief Judge whether to grant such an application.

All orders issued pursuant to this rule shall be appealable to the extent permitted by Appeals 17 applicable law and rules of court. 18 19 20 21 22 23 24 25 26 27 28 Date: December 18, 2019 Maureen Tighe Chief Judge, United States Bankruptcy Court - 8 - [SIXTH] AMENDED GENERAL ORDER 96-05 APPENDIX III ADOPTION OF MEDIATION PROGRAM FOR BANKRUPTCY CASES AND ADVERSARY PROCEEDINGS (Third Amended General Order No. 95-01) 1.0 PURPOSE AND SCOPE The United States Bankruptcy Court for the Central District of California (the “Court”) recognizes that formal litigation of disputes in bankruptcy cases and adversary proceedings frequently imposes significant economic burdens on parties and often delays resolution of those disputes. The procedures established herein are intended primarily to provide litigants with the means to resolve their disputes more quickly, at less cost, and often without the stress and pressure of litigation. The Court also notes that the volume of cases, contested matters and adversary proceedings filed in this district has placed substantial burdens upon counsel, litigants and the Court, all of which contribute to the delay in the resolution of disputed matters.

A Court-authorized mediation program, in which litigants and counsel meet with a mediator, offers an opportunity for parties to settle legal disputes promptly, less expensively, and to their mutual satisfaction. The judges of the Court hereby adopt the Mediation Program for Bankruptcy Cases and Adversary Proceedings (the “Mediation Program”) for these purposes. It is the Court’s intention that the Mediation Program shall operate in such a way as to allow the participants to take advantage of and utilize a wide variety of alternative dispute resolution methods. These methods may include, but are not limited to, mediation, negotiation, early neutral evaluation and settlement facilitation.

The specific method or methods employed will be those that are appropriate and applicable as determined by the mediators and the parties, and will vary from matter to matter. Nothing contained herein is intended to preclude other forms of dispute resolution with the consent of the parties. 2.0 CASES ELIGIBLE FOR ASSIGNMENT TO THE MEDIATION PROGRAM Unless otherwise ordered by the judge handling the particular matter (the “Judge”), all controversies arising in an adversary proceeding, contested matter, or other dispute in a bankruptcy case are eligible for referral to the Mediation Program. 1 1/11 3.0 PANEL OF MEDIATORS 3.1 Selection LBR Appendix III a. b. c. The Court shall establish and maintain a panel (“Panel”) of qualified professionals who have volunteered and been chosen to serve as a mediator (“Mediator”) for the possible resolution of matters referred to the Mediation Program.

The Panel shall be comprised of both attorneys and non-attorneys. Applicants shall submit an Application (in the form attached) (the “Application”) to the judge appointed as the administrator of the Mediation Program (the “Mediation Program Administrator”), setting forth their qualifications as described in Paragraph 3.3 below. The judges of the Court will select the Panel from the applications submitted to the Mediation Program Administrator. The judges will consider each applicant’s training and experience in mediation or other alternative dispute resolution, if any, as well as the applicant’s professional experience and location.

Appointments may be limited to keep the Panel at an appropriate size and to ensure that the Panel is comprised of individuals who have broad based experience, superior skills, and qualifications from a variety of legal specialties and other professions. 3.2 Term. Mediators shall serve as members of the Panel for a term of three years unless the Mediator is advised otherwise by the Court or submits a written request to withdraw from the Panel to the Mediation Program Administrator. Reappointment will occur at the judges’ discretion, and an application for reappointment is not required.

3.3 Qualifications a. Attorney Applicants. An attorney applicant shall certify to the Court in the application that the applicant: 1. 2. 3.

Is, and has been, a member in good standing of the bar of any state or of the District of Columbia for at least 5 years; Is a member in good standing of the federal courts for the Central District of California; Has served as a principal attorney of record in at least 3 bankruptcy cases (without regard to the party represented) from case commencement to conclusion or, if the case is still pending, to the date of the Application, or has served as the principal attorney of record for a party in interest in at least 3 adversary proceedings or contested matters from commencement to conclusion or, if the case is still pending, to the date of the Application; and 2 1/11 LBR Appendix III 4. Is willing to undertake to evaluate or mediate at least one matter each quarter of each year, subject only to unavailability due to conflicts, personal or professional commitments, or other matters which would make such service inappropriate. b. Non-Attorney Applicants. A non-attorney applicant shall certify to the Court in the Application that the applicant has been a member in good standing of the applicant’s particular profession for at least 5 years, and shall submit a statement of professional qualifications, experience, training and other information demonstrating, in the applicant’s opinion, why the applicant should be appointed to the Panel. Non-attorney applicants shall make the same certification required of attorney applicants contained in Paragraph 3.3.a.4.

3.4 Geographic Areas of Service. Applicants shall indicate on the Application all counties within the Central District in which they are willing to serve. Applicants must be willing to travel to all such counties to conduct Mediation Conferences. 4.0 ADMINISTRATION OF THE MEDIATION PROGRAM The Chief Judge will appoint a judge of the Court to serve as the Mediation Program Administrator.

The Mediation Program Administrator will be aided by assigned staff members of the Court, who will maintain and collect applications, maintain the roster of the Panel, track and compile results of the Mediation Program, and handle such other administrative duties as are necessary. 5.0 ASSIGNMENT OF MATTERS TO THE MEDIATION PROGRAM 5.1 5.2 Assignment by Request of Parties. A contested matter in a case, adversary proceeding, or other dispute (hereinafter collectively referred to as “Matter” or “Matters”) may be assigned to the Mediation Program if requested in writing by the parties in the form attached as Official Forms 701 and 702. Assignment by Judge.

Matters may also be assigned by order of the Judge at a status conference or other hearing. While participation by the parties in the Mediation Program is generally intended to be voluntary, the Judge, acting sua sponte or on the request of a party, may designate specific Matters for inclusion in the Mediation Program. The Judge may do so over the objections of the parties. If a Matter is assigned to the Mediation Program by the Judge at a status conference or other hearing, the parties will be presented with an order assigning the Matter to the Mediation Program, and with a current roster of the Panel.

The parties shall normally be given the opportunity to confer and to select a mutually acceptable Mediator and an Alternate Mediator from the Panel. If the parties cannot agree, or if the Judge deems selection by the Judge to be appropriate and necessary, the Judge shall select a Mediator and an Alternate Mediator from the Panel. 5.3 Assignment of Non-Panel Mediators. The Judge may, in his or her sole discretion, appoint individuals who are not members of the Panel as the Mediator and Alternate Mediator at the request of the parties and for good cause shown.

3 1/11 LBR Appendix III 5.4 5.5 Use of Official Court Order Assigning Matter to Mediation Program. The order appointing the Mediator and Alternate Mediator and assigning a Matter to the Mediation Program shall be in the form attached as Official Form 702 (“Mediation Order”). The original Mediation Order shall be docketed and retained in the case or adversary proceeding file and copies shall be mailed, by the party so designated by the Judge, to the Mediator, the Alternate Mediator, the Mediation Program Administrator, and to all other parties to the dispute. Existing Case Deadlines Not Affected by Assignment to Mediation.

Assignment to the Mediation Program shall not alter or affect any time limits, deadlines, scheduling matters or orders in the case, any adversary proceeding, contested matter or other proceeding, unless specifically ordered by the Judge. 5.6 Disclosure of Conflicts of Interest. No Mediator may serve in any Matter in violation of the standards regarding judicial disqualification set forth in 28 U.S.C. § 455. a. b. c. d. Disclosure by Attorney Mediators. An attorney Mediator shall promptly determine all conflicts or potential conflicts in the manner prescribed by the California Rules of Professional Conduct and disclose same to all parties in writing.

If the attorney Mediator’s firm has represented one or more of the parties, the Mediator shall promptly disclose that circumstance to all parties in writing. Disclosure by Non-Attorney Mediators. A non-attorney Mediator shall promptly determine all conflicts or potential conflicts in the same manner as a non-attorney would under the applicable rules pertaining to the non-attorney Mediator’s profession and disclose same to all parties in writing. If the Mediator’s firm has represented one or more of the parties, the Mediator shall promptly disclose that circumstance to all parties in writing.

Report of Conflict Issue by Parties. A party who believes that the assigned Mediator and/or the Alternate Mediator has a conflict of interest shall promptly bring the issue to the attention of the Mediator and/or the Alternate Mediator, as applicable, and shall disclose same to all parties in writing. Resolution of Conflict Issue by Judge. If the Mediator and/or the Alternate Mediator does not withdraw from the assignment, the issue shall be brought to the attention of the Judge in writing by the Mediator, the Alternate Mediator, or any of the parties in the form attached as Official Form 704.

The notice shall be filed with the Court, and copies of the notice shall be mailed to the Judge, all of the parties to the dispute, their counsel, if any, the Mediator, the Alternate Mediator, and the Mediation Program Administrator. The Judge will then take whatever action(s) he or she deems necessary and appropriate under the circumstances to resolve the conflict of interest issue. 4 1/11 6.0 CONFIDENTIALITY LBR Appendix III 6.1 In General. No written or oral communication made, or any document presented, by any party, attorney, Mediator, Alternate Mediator or other participant in connection with or during any Mediation Conference, including the written Mediation Conference statements referred to in Paragraph 7.8 below, may be disclosed to anyone not involved in the Mediation, nor may any such communication be used in any pending or future proceeding in this Court or any other court.

All such communications and documents shall be subject to all of the protections afforded by FRBP 7068. Such communication(s) may be disclosed, however, if all participants in the Mediation, including the Mediator, agree in writing to such disclosure. In addition, nothing contained herein shall be construed to prohibit parties from entering into written agreements resolving some or all of the Matter(s), or entering into or filing procedural or factual stipulations based on suggestions or agreements made in connection with a Mediation Program conference (“Mediation Conference”). 6.2 Non-Confidentiality of Otherwise Discoverable Evidence.

Notwithstanding the foregoing, nothing herein shall require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of a Mediation Conference. 6.3 Written Confidentiality Agreement Required. The parties and the Mediator shall enter into a written confidentiality agreement in the form attached as Official Form 708. 6.4 Effect of Recorded Settlement Agreement on Confidentiality.

An oral agreement reached in the course of a Mediation Conference is not made inadmissible or protected from disclosure if all of the following conditions are satisfied: a. b. c. d. The oral agreement is recorded by a court reporter, tape recorder, or other reliable means of sound recording; The terms of the oral agreement are recited on the record in the presence of the parties and the Mediator, and the parties express on the record that they agree to the terms recited; The parties to the oral agreement expressly state on the record that the agreement is enforceable or binding or words to that effect; and The recording is reduced to writing and the writing is signed by the parties and their counsel, if any, within 3 days after it is recorded. 6.5 Effect of Written Settlement Agreement on Confidentiality. A written settlement agreement prepared in the course of a Mediation Conference is not made inadmissible or protected from disclosure if the agreement is signed by the settling parties and their counsel, if any, and either of the following conditions are satisfied: 5 1/11 LBR Appendix III a. b. The agreement provides that it is admissible or subject to disclosure, or words to that effect; or The agreement provides that it is enforceable or binding or words to that effect. 6.6 6.7 Court Evaluation of Mediation Program Not Precluded by Confidentiality Provisions.

Nothing contained herein shall be construed to prevent Mediators, parties, and their counsel, if any, from responding in absolute confidentiality to inquiries or surveys by persons authorized by the Court to evaluate the Mediation Program. Confidentiality of Suggestions and Recommendations of Mediator. The Mediator shall have no obligation to make any written suggestions or recommendations but may, as a matter of discretion, provide counsel for the parties (or the parties, where proceeding in pro per), with a written settlement recommendation memorandum. No copy of any such memorandum shall be filed with the Court or made available, in whole or in part, directly or indirectly, to the Judge.

7.0 MEDIATION PROCEDURES 7.1 7.2 7.3 Selection of Mediator. Counsel for the parties (or the parties, where proceeding in pro per), are encouraged to contact the proposed Mediator and Alternate Mediator as soon as practicable (preferably before submitting the Mediation Order to the judge for approval, if possible) to determine the availability of the Mediator and Alternate Mediator to serve in the Matter. Availability of Mediator. If the Mediator is not available to serve in the Matter, the Mediator shall notify the parties, the Alternate Mediator, and the Mediation Program Administrator of that unavailability by mail in the form attached as Official Form 703 as soon as possible, but no later than 7 days from the date of receipt of notification of appointment.

Upon notification of the Mediator’s unavailability to serve, the Alternate Mediator shall automatically serve as the Mediator without the necessity for further court order. Availability of Alternate Mediator. If the Alternate Mediator is not available to serve in the Matter, the Alternate Mediator shall notify the parties and the Mediation Program Administrator of that unavailability by mail in the form attached as Official Form 703 as soon as possible, but no later than 7 days from the receipt of notification by the Mediator, pursuant to Paragraph 7.1 above, of the Mediator’s unavailability to serve. 7.4 Selection of Successor Mediator. a. By Parties.

Within 7 days of receipt of the Alternate Mediator’s notification 6 1/11 LBR Appendix III of unavailability, the parties shall choose a mutually acceptable Successor Mediator and Successor Alternate Mediator by mail in the form attached as Official Form 702. (This is the same Official Form which is used to appoint the original Mediator and Alternate Mediator, as described in Paragraph 5.4 above. However, the word “Successor” must be inserted in the caption of the Mediation Order in front of the words “Mediator” and “Alternate Mediator”). The parties shall file such form with the Court and provide a courtesy copy to the Judge and the Mediation Program Administrator.

By Judge. If the parties are unable to agree on a choice of Successor Mediator and Successor Alternate Mediator, they shall notify the Judge and the Mediation Program Administrator of their inability to do so by mail in the form attached as Official Form 704. In that event, the Judge shall appoint the Successor Mediator and Successor Alternate Mediator. Use of Official Court Order Assigning Successor Mediator.

When the Successor Mediator and Successor Alternate Mediator have been chosen by the parties and/or appointed by the Judge, the Judge shall execute an order appointing the Successor Mediator and Successor Alternate Mediator in the form attached as Official Form 702. (This is the same Official Form which is used to appoint the original Mediator and Alternate Mediator, as described in Paragraph 5.4 above. However, the word “Successor” must be inserted in the caption of the Mediation Order in front of the words “Mediator” and “Alternate Mediator”). b. c. 7.5 Initial Telephonic Conference. Promptly, but no later than 14 days of receipt of notification of appointment, the Mediator shall conduct a telephonic conference with counsel for the parties (or the parties, where appearing in pro per) to discuss a) fixing a convenient date and place for the Mediation Conference, (b) the procedures that will be followed during the Mediation Conference, (c) who shall attend the Mediation Conference on behalf of each party, (d) what material or exhibits should be provided to the Mediator before the Mediation Conference, and (e) any issues or maters that it would be especially helpful to have the parties address in their written Mediation Conference Statements.

7.6 Mediation Conference Scheduling. Also within 14 days of receipt of notification of appointment, the Mediator shall give notice to the parties of the date, time and place for the Mediation Conference. The Mediation Conference shall commence no later than 30 days following the receipt of notification by the Mediator, and shall be held in a suitable neutral setting such as the office of the Mediator, or at a location convenient and agreeable to the parties and the Mediator. a. Continuance of Mediation Conference. The date for the Mediation Conference may be continued for a period not to exceed 30 days upon written stipulation between the Mediator and the parties.

The stipulation need not be filed with the Court but the parties must mail a copy of it to the Judge and the Mediation Program Administrator. 7 1/11 LBR Appendix III b. Additional Continuance. At the written request of the parties and for good cause shown, the Judge may, in his or her sole discretion, approve an additional continuance of the Mediation Conference beyond the period specified in Paragraph 7.6.a. 7.7 Mandatory Service of Mediation Order Prior to Mediation Conference. Prior to the Mediation Conference, the parties’ counsel shall serve a copy of the Mediation Order on the Mediator, Alternate Mediator, Mediation Program Administrator, and all parties to the dispute.

7.8 Mediation Conference Statements. Each party shall submit a written Mediation Conference statement (“Mediation Statement”) directly to the Mediator and to the parties to the Mediation Conference no less than 7 days prior to the date of the initial Mediation Conference, unless modified by the Mediator. a. b. c. Format. Mediation Statements shall not exceed 10 pages, excluding exhibits and attachments. Mediation Statements shall comply with all of the requirements of Court Manual Section 2-5, unless such compliance is excused by the Mediator.

Confidentiality. Mediation Statements shall be subject to all of the protections afforded by the confidentiality provisions contained herein and by FRBP 7068. Statements Not Filed with Court. The Mediation Statements shall not be filed with the Court, and the Judge shall not have access to them.

In addition, the phrase “CONFIDENTIAL -- NOT TO BE FILED WITH THE COURT” shall be typed on the first page of the Mediation Statements. d. Mandatory Contents. Mediation Statements must: 1. 2. 3.

4. 5. Identify the person(s), in addition to counsel, who will attend the Mediation Conference as representative(s) of the party, who have authority to make decisions; Describe briefly the substance of the dispute; Address any legal or factual issue(s) that might appreciably reduce the scope of the dispute or contribute significantly to settlement; Identify the discovery that could contribute most to preparing the parties for meaningful discussions; Set forth the history of past settlement discussions, including disclosure of any prior and any presently outstanding offers and demands; 8 1/11 LBR Appendix III 6. 7.

8. Make an estimate of the cost and time to be expended for further discovery, pretrial motions, expert witnesses and trial; Indicate presently scheduled dates for further status conferences, pretrial conferences, trial, or otherwise; and Attach copies of the document(s) from which the dispute has arisen (e.g., contracts), or the document(s) whose availability would materially advance the purposes of the Mediation Conference. e. f. Recommended Additional Contents. Parties may identify in the Mediation Statements the person(s) connected to a party opponent (including a representative of a party opponent’s insurance carrier) whose presence at the Mediation Conference would substantially improve the prospects for making the session productive. The fact that a person has been so identified shall not, by itself, result in an order compelling that person to attend the Mediation Conference.

Additional Mediation Statements for Mediator Only. Each party may submit directly to the Mediator, for his or her eyes only, a separate confidential Mediation Statement describing any additional interests, considerations, or matters that the party would like the Mediator to understand before the Mediation Conference begins. Such Mediation Statements shall not exceed 10 pages, excluding exhibits and attachments, and shall comply with all of the requirements of Court Manual Section 2-5 unless such compliance is excused by the Mediator. 7.9 Mandatory Attendance at Mediation Conference. a. b. By Counsel.

Counsel for each party who is primarily responsible for the Matter (or the party, where proceeding in pro per) shall personally attend the Mediation Conference and any adjourned session(s) of that conference, unless excused by the Mediator for cause. Counsel for each party shall come prepared to discuss all liability issues, all damage issues, and the position of the party relative to settlement, in detail and in good faith. By Parties. All individual parties, and representatives with authority to negotiate and to settle the Matter on behalf of parties other than individuals, shall personally attend the Mediation Conference and any adjourned session(s) of that conference, unless excused by the Mediator for cause.

Each party shall come prepared to discuss all liability issues, all damage issues, and the position of the party relative to settlement, in detail and in good faith. c. By Governmental Agencies. A unit or an agency of government satisfies 9 1/11 LBR Appendix III this attendance requirement if represented by a person who has, to the greatest extent feasible, authority to settle, and who is knowledgeable about the facts of the case, the governmental unit’s position, and the procedures and policies under which the governmental unit decides whether to accept proposed settlements. d. Telephonic Appearance. Any party or lawyer who is excused by the Mediator from appearing in person at the Mediation Conference may be required by the Mediator to participate by telephone. This decision is within the Mediator’s sole discretion.

7.10 Consequences of Failure to Attend Mediation Conference and Other Violations of Mediation Program Procedures. Willful failure to attend the Mediation Conference and/or other violations of the Mediation Program procedures shall be reported to the Judge by the Mediator by written notice in the form attached as Official Form 705, and may result in the imposition of sanctions by the Judge. The Mediator’s notice shall be filed with the Court and copies of the notice shall be mailed to the Judge, all of the parties to the dispute, their counsel, if any, and the Mediation Program Administrator. The Judge will then take whatever action(s) he or she deems necessary and appropriate under the circumstances to resolve the issue of such willful failure to attend the Mediation Conference and/or other violations of the Mediation Program procedures.

7.11 Conduct at the Mediation Conference. The Mediation Conference shall proceed informally. Rules of evidence shall not apply. There shall be no formal examination or cross-examination of witnesses.

The Mediator may conduct continued Mediation Conferences after the initial session where necessary. As appropriate, the Mediator may: a. b. c. d. e. f. Permit each party (through counsel or otherwise) to make an oral presentation of its position; Help the parties identify areas of agreement and, where feasible, enter into stipulations; Assess the relative strengths and weaknesses of the parties’ contentions and evidence, and explain as carefully as possible the reasoning of the Mediator that supports these assessments; Assist the parties, through separate consultation or otherwise, in settling the dispute; Estimate, where feasible, the likelihood of liability and the dollar range of damages; Help the parties devise a plan for sharing the important information and/or conducting the key discovery that will assist them as expeditiously as possible to participate in meaningful settlement discussions or to posture the case for disposition by other means; and 10 1/11 LBR Appendix III g. Determine whether some form of follow up to the Mediation Conference would contribute to the case development process or to settlement. 7.12 Suggestions and Recommendations of Mediator. If the Mediator makes any oral or written suggestions as to the advisability of a change in any party’s position with respect to settlement, the attorney for that party shall promptly transmit that suggestion to the client.

The Mediator shall have no obligation to make an written comments or recommendations, but may, as a matter of discretion, provide the parties with a written settlement recommendation memorandum. No copy of any such memorandum shall be filed with the Court or made available in whole or in part directly or indirectly, to the Judge. 8.0 PROCEDURE UPON COMPLETION OF MEDIATION CONFERENCE 8.1 Upon the conclusion of the Mediation Conference the following procedures shall be followed: a. b. c. If Matter Settled. If the parties have reached an agreement regarding the disposition of the Matter, the parties, with the advice of the Mediator, shall determine who shall prepare the writing to dispose of the Matter.

If necessary, the parties may, with the Mediator’s consent, continue the Mediation Conference to a date convenient for all parties and the Mediator. Where required, they shall promptly submit a fully executed settlement stipulation to the Judge for approval, and shall mail a copy to the Mediation Program Administrator. The Judge will accommodate parties who desire to place any resolution of a Matter on the record during or following the Mediation Conference. Mediator’s Certificate of Completion of Conference.

Within 14 days of the Mediation Conference, the Mediator shall file with the Court and serve on the parties and the Mediation Program Administrator a certificate in the form attached as Official Form 706, which shows whether there has been compliance with the Mediation Conference requirements and whether or not a settlement has been reached. Regardless of the outcome of the Mediation Conference, the Mediator will not provide the Judge with any details of the substance of the Mediation Conference. Confidential Evaluation. In order to assist the Mediation Program Administrator in compiling useful data to evaluate the Mediation Program and aid the Court in assessing the efforts of the members of the Panel, the Mediator shall provide a Mediation Conference Report to the Mediation Program Administrator in the form attached as Official Form 709.

The Mediation Conference Report shall not be filed with the Court and the Judge shall not have access to it. In addition, the phrase “CONFIDENTIAL -- NOT TO BE FILED WITH THE COURT” shall be typed on the first page of the Mediation Conference Report. 11 1/11 9.0 PRO BONO AND COMPENSATED SERVICE OF MEDIATORS 9.1 Mandatory Pro Bono Service. The Mediator shall serve on a pro bono basis and shall not require compensation or reimbursement of expenses for the first full day of at least one Mediation Conference per quarter per year.

If, at the conclusion of the first full day of the Mediation Conference, it is determined by the parties that LBR Appendix III additional time will be both necessary and productive in order to complete the Mediation Conference, then: a. b. If the Mediator consents to continue to serve on a pro bono basis, the parties may agree to continue the Mediation Conference; or If the Mediator does not consent to continue to serve on a pro bono basis, the Mediator’s compensation shall be on such terms as are satisfactory to the Mediator and the parties, and shall be subject to the prior approval of the Judge if the estate is to be charged with such expense. 9.2 Compensated Service Upon Completion of Mandatory Pro Bono Service. After a Mediator has concluded at least one pro bono mediation for the particular quarter, nothing herein shall prohibit the Mediator and the parties from agreeing that the Mediator may be compensated for services rendered by the Mediator. The amount of such compensation and the terms governing the amount and payment shall be as agreed upon among the parties.

If applicable, any party or parties to the mediation may apply to the Judge for authorization to compensate the Mediator from property of the estate. Nothing in this provision, however, shall require any party to compensate a Mediator other than as may be mutually agreed upon among the parties and the Mediator. 10.0 IMPLEMENTATION 10.1 The Mediation Program became effective on July 1, 1995. 10.2 Judge Barry Russell is appointed the Mediation Program Administrator.

12 1/11 LBR Appendix IV APPENDIX IV GUIDELINES FOR ALLOWANCE OF ATTORNEYS’ FEES IN CHAPTER 13 CASES THESE GUIDELINES GOVERN THE ALLOWANCE OF ATTORNEYS’ FEES IN CHAPTER 13 CASES IN THIS DISTRICT. AN ATTORNEY MAY RECEIVE AN ORDER APPROVING FEES UP TO THE AMOUNTS SET FORTH HEREIN WITHOUT FILING A DETAILED APPLICATION IF: The attorney has filed with the court and served the chapter 13 trustee with the statement required pursuant to Rule 2016 of the Federal Rules of Bankruptcy Procedure and a fully executed copy of the “Rights and Responsibilities Agreement Between Chapter 13 Debtors and Their Attorneys,” copies of which are available in the clerk’s office and in the chapter 13 trustees’ offices; and No objection to the requested fees has been raised. THE MAXIMUM FEE WHICH CAN BE APPROVED THROUGH THE PROCEDURE DESCRIBED HEREIN IS: $8,500 in a case in which the debtor is engaged in a business; or $7,000 in all other cases; IF AN ATTORNEY SEEKS ADDITIONAL FEES OR ELECTS TO BE PAID OTHER THAN PURSUANT TO THESE GUIDELINES: The attorney shall file and serve an application for fees in accordance with 11 U.S.C. § 330 and 331, Rules 2016 and 2002 of the Federal Rules of Bankruptcy Procedure and Local Bankruptcy Rules 2016-1 and 3015-1, as well as the “Guide To Applications For Professional Compensation” issued by the United States Trustee for the Central District of California. In any event, on its own motion or the motion of any party in interest, the court may order a hearing to review any attorney’s fee agreement or payment, in accordance with 11 U.S.C. § 329 and Rule 2017 of the Federal Rules of Bankruptcy Procedure.

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