Rule 2004 Examinations

A. Requests for Examination under FRBP 2004 1.

Leave to conduct an examination pursuant to FRBP 2004 may be sought by ex parte motion on fourteen (14) days notice prior to the proposed examination date, or shorter if by consent, unless otherwise ordered. Parties from whom consent is required as stated above include the debtor, debtor’s counsel, trustee, trustee’s counsel, the parties to be examined, counsel for the party to be examined, party requesting notice and parties affected by the examination. 2. Before filing a motion for examination pursuant to FRBP 2004, the movant must 14 confer with counsel for the person to be examined (or the person to be examined, if the examinee is not represented by counsel) to agree on a date, place, and time for the examination.

The movant is not required to confer with opposing counsel or the examinee if the movant has reasonable cause to believe that the witness will absent himself from the court’s jurisdiction or attempt to evade service. 3. Motions for examination must include: a. b. c. d. A statement that the parties conferred as required by section (2) of this Local Rule and that all parties have agreed to the date, time, and place of examination and to the production of any documents movant has requested; The reasons the parties could not confer; A statement that the parties conferred but were unable to reach an agreement; or The reasons movant believes that the proposed examinee either will leave the court's jurisdiction or attempt to evade service. 4.

5. Except as otherwise ordered by the court, motions pursuant to FRBP 2004 must be served upon the examinee, the debtor, debtor’s counsel, all counsel of record, the trustee, trustee’s counsel, counsel for all official committees (or the twenty (20) largest unsecured creditors if an unsecured creditors’ committee has not been formed), and the United States Trustee. If the movant has reason to believe that the motion is contested, the motion for 2004 examination should be filed and set for hearing. If uncontested, the movant must submit a proposed order providing that the examination will proceed at the agreed time and place, or at a requested time and place if the parties have not reached an agreement.

If applicable, the proposed order must specify documents to be produced and the date, time, and place of production B. Objections 1. 2. A person objecting to a proposed FRBP 2004 examination filed by ex parte motion must file an objection at least seven (7) days before the proposed examination, unless the motion for examination is filed fewer than seven (7) days before the proposed examination. The party opposing an ex parte motion for 2004 examination must notice the objection for hearing prior to the date of the 2004 examination.

Counsel must contact chambers for a special setting. See Local Rule 9013-1. 15 RULE 2014-1 Admission to Practice; Applications for Employment A. Admission to Practice 1. 2.

3. 4. Eligible Attorneys. Every member of the bar of the United States District Court for the Eastern District of Louisiana in good standing is entitled to practice before this court.

Attorney Representation. Any party not appearing in proper person must be represented by a member of the bar of this court, except as set forth below. Visiting Attorneys. Any member in good standing of the bar of any court of the United States or of the highest court of any state may be permitted to appear and participate in a case or proceeding upon written ex parte motion.

The motion must attach a certificate by the presiding judge or clerk of the highest court of the state, or court of the United States, where the applicant has been admitted to practice evidencing admission in such court and good standing. If the applicant has been convicted of a felony or has previously been subject to any disciplinary proceedings, the applicant must set forth the full details of those proceedings or charges, the status, and results. Unless otherwise ordered by the court, it is not necessary for any attorney entitled to practice before the court or permitted to appear and participate in a case or proceeding to associate with or to designate an attorney with an office in this district. Familiarity with and compliance with Rules.

Everyone who appears in court in proper person and every attorney permitted to practice in this court must be familiar with these rules. Failure to comply with any rule may be cause for disciplinary action.

B. Applications to Employ 1.

2. 3. Applications to employ professionals must include in the body of the application the rate of compensation requested and any connections that may call disinterestedness into question. All applications must include an affidavit of disinterestedness by the person or firm seeking employment.

Any potential adverse connections regarding disinterestedness must be put in the body of the application. Applications for employment may contain a request for interim relief pending final hearing. A request for interim employment may be filed ex parte on seven (7) days notice to the United States Trustee, all known secured and priority claimants, and the twenty (20) largest unsecured creditors. If opposed, the opponent must file a written objection and set the opposition for hearing on an expedited basis after contacting chambers for a hearing date.

An application for final approval of employment requires twenty-one (21) days notice to all persons on the mailing 16 matrix and the United States Trustee. See Local Rule 9013-1(C) and (E). 4. A General Order will govern the approval of employment, compensation, and scope of duties required by debtor’s counsel on the initial filing of a chapter 13.

If counsel is not employed under the General Order, counsel must apply for employment and compensation under Local Rule 2014-1. See Local Rule 2002-1.

C. Withdrawal of Counsel 1.

2. Counsel represents the party for whom he/she appears unless the court permits withdrawal from the case. Counsel may request permission to withdraw on joint motion to substitute counsel or on a written motion served on opposing counsel, parties entitled to notice, and the client. The motion to withdraw may be filed ex parte if the client has consented to withdrawal and a motion to substitute counsel is pending.

If substitute counsel has not been obtained or the client has not consented to withdrawal, the motion to withdraw must be set for hearing after twenty-one (21) days notice. The motion to withdraw must contain the present address of the client and the client's telephone number. The motion must be served on the client, opposing counsel, and parties entitled to notice and must contain a statement that the client has been notified of all deadlines and court dates. The letter informing the client of deadlines must be attached as an exhibit.

If counsel is unable to so certify, counsel must submit an affidavit stating why service has not been made. 3. The motion may be denied at the discretion of the presiding judge.

D. Electronic Filing.

Attorneys appearing in the Court must obtain an electronic filing password pursuant to Local Rule 5005-1. Acceptance of an electronic password constitutes an attorney's agreement to file documents electronically and consent to electronic service of notices of filing from the Clerk. Acceptance of an electronic password constitutes a waiver of notice by first class United States Mail, including notice of the entry of an order or judgment under FRBP 9022, except as otherwise provided by the Bankruptcy Code, FRBP or court order. This Local Rule does not apply to service of summons and complaint under FRBP 7004 and 9016 or service of subpoena.

See Local Rule 2002-1(A)(2) and 2014-2 and Application for Attorney Password for Electronic Case Filing. E. Trial Attorneys If more than one attorney represents a party, one attorney must be designated in the first pleading filed on behalf of that party as “Trial Attorney” or “T.A.”. This attorney need not be the attorney who personally signs pleadings. The designated trial attorney is responsible for the case.

All notices and other communications will be directed to the designated trial attorney, or to local counsel if a visiting attorney is designated as trial attorney. Designation 17 of the trial attorney may be changed at any time by ex parte motion and order of the court.

F. Signing of Pleadings, Motions and Other Documents 1.

2. 3. In addition to the requirements of FRCP 11(a), every pleading, motion and other document presented for filing must include counsel’s Attorney Identification Number, telephone number and e-mail, post office and street address. Counsel’s Attorney Identification Number must be typed or printed under his or her signature.

If the attorney is admitted to practice in Louisiana, the Attorney Identification Number must be the same as the number assigned by the Louisiana Supreme Court. Otherwise, the Attorney Identification Number must be the number assigned by the state court in which the attorney is admitted. Documents filed by a party not represented by counsel must be signed by the party. The unrepresented party’s name, e-mail, post office and street addresses and telephone number must be typed or clearly printed.

Each attorney and pro se litigant has a continuing obligation to notify the court of any address or telephone number change.