SANCTIONS

(a) (b) (c) Violation of Rules. The violation of, or failure to conform to, the FRBP or these rules may subject the offending party or counsel to penalties, including monetary sanctions, the imposition of costs and attorneys’ fees payable to opposing counsel, and/or dismissal of the case or proceeding. Failure to Appear or Prepare. Unless otherwise ordered by the court, the failure of counsel for any party to take any of the following steps may be deemed an abandonment or failure to prosecute or defend diligently by the defaulting party: (1) Complete the necessary preparation for pretrial; (2) Appear at pretrial or status conference; (3) Be prepared for trial on the date set; or (4) Appear at any hearing where service of notice of the hearing has been given or waived.

Penalties for an Unnecessary or Unwarranted Motion or Opposition. The presentation to the court of an unnecessary motion and the unwarranted opposition to a motion, which unduly delays the course of an action or proceeding, or failure to comply fully with these rules, subjects the offender and attorney at the discretion of the court to appropriate discipline, including the imposition of costs and the award of attorneys’ fees to opposing counsel, payment of 1 day’s jury fees of the panel, if one has been called for the trial, and such other sanctions, including denial of the motion or dismissal of the proceeding, as may appear proper to the court under the circumstances. 119 LBR 9013-1. MOTION PRACTICE AND CONTESTED MATTERS (a) Applicability.

LBR 9013-1 (1) This rule applies to (A) all contested matters (FRBP 9014), including motions, whether filed in the bankruptcy case or an adversary proceeding, objections, applications, orders to show cause, (B) all requests for an order of the court under FRBP 9013, such as applications that can be presented without a hearing, and (C) all requests that may be directed to the Clerk, such as requests for the Clerk to enter a default. (2) This rule applies to objections to claims, except as provided in LBR 3007-1. (3) This rule applies to motions for summary judgment, except as provided in LBR 7056-1. (4) This rule does not apply to a motion to reject a collective bargaining agreement which is governed by 11 U.S.C. § 1113.

(5) Hearings, notice, and service. (A) General. Except as provided in this rule or by order of the court, hearings and notice are required for all motions, and are governed by subsection (d) of this rule. (B) Motions and matters determined after notice of opportunity to request a hearing.

Motions that will be decided without a hearing absent a proper request for a hearing, are governed by subsection (o) of this rule. (C) Notice only motions. Motions that require service of a notice, but do not require a hearing are governed by subsection (p) of this rule. (D) Motions that do not require either a hearing or additional service of a notice.

Motions that do not require either a hearing or additional service of a notice are governed by subsection (q) of this rule. (b) Motion Calendar. (1) Each judge of the court maintains a motion calendar and instructions for self- setting hearings that are posted on the court’s website. (2) A party must self-set a motion for hearing at a date and time permitted on the judge’s motion calendar in accordance with the judge’s self-set calendaring instructions.

(3) If a judge’s calendar does not permit the self-setting of a hearing on a particular type of motion or the judge does not schedule a regular law and motion day, a hearing on the motion must be noticed only with the approval of 120 the judge or courtroom deputy. (c) Form and Content of Motion and Notice. LBR 9013-1 (1) Oral Motions. Unless otherwise provided by rule or order of the court, an oral motion is not permitted except during trial.

(2) Notice of Motion. Every motion must be accompanied by written notice of motion specifying briefly the relief requested in the motion and, if applicable, the date, time, and place of hearing. Except as set forth in LBR 7056-1 with regard to motions for summary judgment or partial summary adjudication, or as otherwise ordered, the notice of motion must advise the opposing party that LBR 9013-1(f) requires a written response to be filed and served at least 14 days before the hearing. If the motion is being heard on an emergency basis or on shortened notice pursuant to LBR 9075-1, the notice must specify the deadline for responses set by the court in the order approving the hearing on shortened notice or communicated to the movant if the court authorized a hearing on an emergency basis.

(3) Motion. There must be served and filed with the motion and as a part thereof: (A) A written statement of all reasons in support thereof, together with a memorandum of the points and authorities upon which the moving party will rely. Unless warranted by special circumstances of the motion, or otherwise ordered by the court, a memorandum of points and authorities is not required for applications to retain or compensate professionals, motions for relief from automatic stay, or motions to sell, use, lease, or abandon estate assets. (B) Declarations required or permitted by FRBP 9014(d), FRBP 9017, and or FRBP 9006(d), in which a declarant provides admissible testimony to support factual assertions made in the motion and/or authenticates exhibits included to support the motion; and (C) Copies of all exhibits that the moving party intends to support factual assertions made in the motion.

(4) Entering a Final Order. In a motion filed in a contested matter pursuant to FRBP9014, the moving party must raise in that motion any objection or challenge to the bankruptcy court’s authority to enter a final order on the motion. The moving party must cite relevant authority and provide evidence in support of its position. The failure of the moving party to raise its objection or challenge in the motion will be deemed consent to the bankruptcy court’s authority to enter a final order on the motion.

121 LBR 9013-1 (d) Time Limits for Service and Filing of Motions. (1) Persons or Entities to be Served with the Notice and Motion. Except for a motion under LBRs 2014-1(b), 2016-1(a)(2), 3015-1(w) and (x), 7026-1(c), and 9075-1, and subject to LBR 2002-2(a) and FRBP 9034, a motion and notice thereof must be served upon the adverse party (by serving the adverse party’s attorney of record, if any; or if the adverse party is the debtor, by serving the debtor and the debtor’s attorney, if any; or the adverse party, if there is no attorney of record). to motions (2) Deadline for Filing and Serving of Notice and/or Notice and Motion. The notice of motion and motion must be filed and served not later than 21 days before the hearing date designated in the notice except as set forth in: (A) LBR 7056-1 with regard judgment or partial summary adjudication; (B) LBRs 2014-1(b), 2016-1(a)(2), 3015-1(w) and (x), and 9013-1(o) with regard to motions and matters that require notice of opportunity to request a hearing; (C) LBR 3007-1 with regard to objections to claims; (D) LBR 6004-1(b) with regard to motions to establish sale procedures; and (E) LBR 9075-1 with regard to motions to be heard on an emergency or shortened notice basis.

The court, for good cause, may prescribe a different time. for summary (e) Proof of Service. Every document filed pursuant to this rule must be accompanied by a proof of service, completed in compliance with LBR 9013-3, that indicates the filed document was (1) served by the party filing the document, and/or (2) will be served via NEF on parties registered to receive service via NEF pursuant to LBR 9036-1. (f) Opposition and Responses to Motions. (1) Deadline for Responses.

Except as set forth in LBR 7056-1 (with regard to motions for summary judgment or partial summary adjudication), LBRs 2014- 1(b), 2016- 1(a)(2), 3015-1(w) and (x), and 9013-1(o) (with regard to motions and matters that may not require a hearing), and LBR 9075-1 (with regard to motions to be heard on an emergency or shortened notice basis or unless otherwise ordered by the court), each interested party opposing or responding to the motion must file and serve the response (Response) on the moving party and the United States trustee not later than 14 days before the date designated for hearing. (2) Contents of Response. A Response must be a complete written statement of all reasons in opposition thereto or in support, declarations and copies of all evidence on which the responding party intends to rely, and any responding memorandum of points and authorities. The Response must advise the adverse party that any reply must be filed with the court and served on the responding party not later than 7 days prior to the hearing on the motion.

(3) Entering a Final Order. In a Response to a motion filed in a contested matter 122 LBR 9013-1 pursuant to FRBP 9014, the responding party must raise in that Response any objection or challenge to the bankruptcy court’s authority to enter a final order on the underlying motion. The responding party must cite relevant authority and provide evidence in support of its position. The failure of the responding party to raise its objection or challenge in a Response will be deemed consent to the bankruptcy court’s authority to enter a final order on the underlying motion.

(g) Reply Documents. Except as set forth in LBR 7056-1 with regard to motions for summary judgment or partial summary adjudication, or unless otherwise ordered by the court, the moving party (or the opposing party in instances where a written statement in support of the motion has been filed) may file and serve a reply memorandum not later than 7 days before the date designated for hearing. (1) The reply memorandum and declarations or other evidence attached, must respond directly to the opposition documents. (2) Service of reply documents is required only upon the United States trustee subject to FRBP 9034 and LBR 2002-2(a) and on persons or entities (or their attorneys, if any) who filed an opposition to a motion, and must be made by personal service, email, or by overnight mail delivery service.

A judge’s copy of the reply must be served on the judge in chambers in accordance with LBR 5005-2(d). (3) Unless the court finds good cause, a reply document not filed or served in accordance with this rule will not be considered. (4) New arguments or matters raised for the first time in reply documents will not be considered. (h) (i) Failure to File Required Documents.

Except as set forth in LBR 7056-1(g) with regard to motions for summary judgment, if a party does not timely file and serve documents, the court may deem this to be consent to the granting or denial of the motion, as the case may be. Evidence on a Motion, Response to a Motion, or a Reply. Factual contentions involved in any motion, opposition or other response to a motion, or reply, must be presented, heard, and determined upon declarations and other written evidence. The verification of a motion is not sufficient to constitute evidence on a motion, unless otherwise ordered by the court.

(1) In lieu of oral testimony, a declaration under penalty of perjury will be received into evidence. (2) The court may, at its discretion, in addition to or in lieu of declaratory evidence, require or allow oral examination of any declarant or any other witness in accordance with FRBP 9017. Pursuant to FRBP 9014(e), when the court intends to take oral testimony, it will give the parties 2 or more days of 123 LBR 9013-1 notice or may grant such a continuance as it may deem appropriate, which may include setting a final hearing. (3) Unless the court orders otherwise, a witness need not be present at the first hearing on a motion.

(4) An evidentiary objection may be deemed waived unless it is (A) set forth in a separate document; (B) cites the specific Federal Rule of Evidence upon which the objection is based; and (C) is filed with the response or reply. (j) Appearance at Hearing. (1) Appearance is Mandatory. Counsel for the moving and opposing parties, and the moving and opposing parties who are appearing without counsel, must appear at the hearing on the motion and must have such familiarity with the case as to permit informed discussion and argument of the motion.

The failure of counsel or a self-represented party to appear, unless excused by the court in advance, may be deemed consent to a ruling on the motion adverse to that counsel’s or self- represented party’s position. (2) Waiver of Personal Appearance. With the consent of the court, counsel may waive appearance at the hearing. Counsel who have agreed to waive appearance must advise the courtroom deputy of such agreement by telephone message or letter which reaches the courtroom deputy by no later than noon on the third day preceding the hearing date.

The courtroom deputy will advise the parties by no later than noon on the day preceding the hearing date as to whether the court has consented to the waiver of personal appearance. (3) Oral Argument. The court in its discretion may decide to dispense with oral argument on any motion. (4) Method of Appearance at Hearing.

A party must comply with LBR 9074-1 to determine the method of appearance. (k) Voluntary Dismissal or Stipulation to Dismiss a Motion. In addition to compliance with FRBP 7041(a), a movant who seeks to notify the court that a voluntary dismissal or stipulation for dismissal of a motion has been filed, must not less than 3 days prior to the hearing date: (1) give telephonic notice thereof to opposing counsel and the courtroom deputy of the judge before whom the matter is pending; and (2) on the same day, serve a copy on the judge before whom the matter is pending and on the opposing counsel. An order may be required.

(l) Motion Previously Denied. Whenever any motion for an order or other relief has been made to the court and has been denied in whole or in part, or has been granted conditionally or on terms, and a subsequent motion is made for the same relief in whole or in part upon the same or any allegedly different state of facts, it is the continuing duty of each party and attorney seeking such relief to present to the judge 124 LBR 9013-1 to whom any subsequent motion is made, a declaration of a party or witness or certified statement of an attorney setting forth the material facts and circumstances surrounding each prior motion including: (1) The date of the prior motion; (2) The identity of the judge to whom the prior motion was made; (3) The ruling, decision or order on the prior motion; (4) The new or different facts and circumstances claimed to exist, which either did not exist or were not shown upon the prior motion; and (5) The new or different law or legal precedent claimed to exist, which either did not exist or were not shown upon the prior motion. The failure to comply with the foregoing requirement is grounds for the court to set aside any order or ruling made on the subsequent motion and subjects the offending party or attorney to sanctions. (m) Continuance.

(1) Motion for Continuance. Unless otherwise ordered, a motion for the continuance of a hearing under this rule must be filed as a separately captioned motion, and must be filed with the court and served upon all previously noticed parties by facsimile, email, personal service, or overnight mail at least 3 days before the date set for the hearing. (A) The motion must set forth in detail the reasons for the continuance, state whether any prior continuance has been granted, and be supported by the declaration of a competent witness attesting to the necessity for the continuance. (B) A proposed order for continuance must, in accordance with LBR 9021- 1(b), be lodged with the court upon the filing of the motion.

(C) Unless the motion for continuance is granted by the court at least 1 day before the hearing, the parties must appear at the hearing. (2) Stipulations for Continuances. Parties stipulating to a continuance of a hearing under this rule must notify the courtroom deputy immediately of their agreement for a continuance. The stipulation is subject to approval by the court under subsection (m)(3) of this rule.

Unless the continuance is approved by the court at least 1 day before the hearing, the parties must appear at the hearing. A stipulation for continuance must contain facts establishing cause for the requested continuance and be filed in accordance with LBR 9021-1(b)(2) and LBR 9071-1. 125 LBR 9013-1 (3) Court Approval. A continuance (whether stipulated to by counsel or not) is not effective unless an order is entered approving the continuance, the clerk informs the parties that the court has authorized a continuance, or the continuance is granted in open court.

(4) Extension of Time Due to Continuance of Hearing Date. Unless an order for continuance states otherwise, a continuance of the hearing of a motion automatically extends the time for filing and serving opposing or responsive documents and reply documents. (n) Discovery. Unless otherwise ordered by the court, Fed.R.Civ.P. 26(a), (d) and (f), as incorporated into FRBP 7026 and LBR 7026-1, do not apply to contested matters under FRBP 9014 and this rule.

(o) Motions and Matters Determined After Notice of Opportunity to Request Hearing. (1) Matters That May Be Determined Upon Notice of Opportunity to Request Hearing. Except as to matters specifically noted in subsection (o)(2) below, and as otherwise ordered by the court, any matter that may be set for hearing in accordance with LBR 9013-1(d) may be determined upon notice of opportunity to request a hearing. (A) Notice.

When the notice of opportunity for hearing procedure is used, the notice must: (i) Succinctly and sufficiently describe the nature of the relief sought and set forth the essential facts necessary for a party in interest to determine whether to file a response and request a hearing; (ii) State that LBR 9013-1(o)(1) requires that any response and request for hearing must be filed with the court and served on the movant and the United States trustee within 14 days after the date of service of the notice; and (iii) Be filed with the court and served by the moving party on all creditors and other parties in interest who are entitled to notice of the particular matter. (B) Motion. The motion and supporting documents must be filed with the notice, but must be served only on the United States trustee and those parties who are directly affected by the requested relief. (2) Matters that May Not be Determined Upon Notice of Opportunity to Request Hearing.

Unless otherwise ordered by the court, the following matters may not be determined by the procedure set forth in subsection (o)(1) above: (A) Objections to claims; (B) Motions regarding the stay of 11 U.S.C. § 362; 126 LBR 9013-1 (C) Motions for summary judgment and partial summary adjudication; (D) Motions for approval of cash collateral stipulations; (E) Motions for approval of postpetition financing; (F) Motions for continuance; (G) Adequacy of chapter 11 disclosure statements; (H) Confirmation of plans in chapter 9, chapter 11, chapter 12, and chapter 13 cases; (I) Motions for orders establishing procedures for the sale of the estate’s assets under LBR 6004-1(b); (J) Motions for recognition of a foreign proceeding as either a main or a nonmain proceeding; (K) Motions for the adoption of a chapter 15 administrative order; (L) Motions for the adoption of a cross-border protocol; (M) Motions to value collateral and avoid liens under 11 U.S.C. § 506 in chapter 11, 12, and 13 cases; and (N) Motions for issuance of a TRO or preliminary injunction. (3) No Response and Request for Hearing. If the response period expires without the filing and service of any response and request for hearing, the moving party must do all of the following: (A) File Declaration of Service and Non-response. Promptly file a declaration attesting that: (i) no timely response and request for hearing was served upon the moving party; and (ii) that the declarant has checked the docket of the bankruptcy case or the adversary proceeding and no response and request for hearing was timely filed.

A copy of the motion, notice, and proof of service of the notice and motion must be attached as exhibits to the declaration. No service is required prior to filing the declaration. (B) Lodge Proposed Order. Lodge a proposed order in accordance with LBR 9021-1 and The Central Guide, except that the proposed order need not be served prior to lodging, except as otherwise required in these rules.

(C) Deliver Copies to Court. Promptly deliver a judge’s copy of the 127 LBR 9013-1 declaration as required by LBR 5005-2(d). (4) Response and Request for Hearing Filed. If a timely response and request for hearing is filed and served, within 14 days from the date of service of the response and request for hearing the moving party must schedule and give not less than 14 days notice of a hearing to those responding and to the United States trustee.

If movant fails to obtain a hearing date, the court may deny the motion without prejudice, without further notice or hearing. (p) Motions and Matters Determined with Notice, but without a Hearing. The following motions may be determined without a hearing after notice provided in the corresponding LBR cited. (1) Debtors Application to Extend the Deadline to File Case Commencement Documents [LBR 1007-1(b), LBR 3015-1(b)(2)] (2) Motion to Convert Case from Chapter 11 to one under another Chapter [LBR 1017- 1(a)(3)] (3) Motion for Examination under FRBP 2004 [LBR 2004-1(d)] (4) Motion to Withdraw as Counsel [LBR 2091-1(a)] (5) Application for Payment of Unclaimed Funds [LBR 3011-1(b)] (6) Debtor’s Application Confirming that Loan Modification Discussion Will Not Violate the Stay [LBR 4001-1(h)] (7) Request for the Clerk to Issue Another Summons [LBR 7004-1(a)(2)] (8) Bill of Costs [LBR 7054-1(e)] (9) Request for the Clerk to Enter Default [LBR 7055-1(a)] (10) Motion for Leave to Appeal from an Interlocutory Order [LBR 8001-1] (11) Motion for Permission to File Trial Brief or Memoranda of Law Exceeding 35 Pages [LBR 9013-2(b)] (12) Motion for Protective Order Pursuant to 11 U.S.C. § 107(c) and FRBP 9037 to Restrict Access to Documents Filed Containing Personal Identifiers [LBR 9037-1(a)] (13) Application for Reinstatement of Privileges [LBR Appendix II, Reinstatement] (14) Application to Have Opinion Removed from Website [LBR Appendix II, Motion to Have Opinion Removed From Website] 128 (15) Request for Assignment to Mediation Program [LBR Appendix III, Section 5.1] (q) Motions and Matters Determined without Additional Notice and without a Hearing.

Unless otherwise ordered by the court, the following motions and matters may be determined without a hearing and without additional notice, because the parties requiring notice already receive notice via an NEF. LBR 9013-1 (1) Motion for Joint Administration of Case Pending in the Same Court [LBR 1015- 1(b)] (2) Debtor’s Notice of First Time Conversion from Chapter 12 or 13 to Chapter 7 [LBR 1017-1(a)(1), LBR 3015-1(q)(2)(A)] (3) Trustee’s Request to Dismiss Chapter 7 Case for Failure to Appear at 341(a) Meeting of Creditors [LBR 1017-2(b)] (4) Debtor’s Motion to Vacate an Order Dismissing a Bankruptcy Case, When Dismissal was Due to Failure to File a Required Document [LBR 1017-2(c)] (5) Creditor’s Request to Designate an Address for Authorized Agent [LBR 2002- 1(a), 11 U.S.C. § 342(g)(1), FRBP 2002(g)] (6) Creditor’s Request for Notice Despite Order Limiting Notice to Committee [LBR 2002-1(b), FRBP 2002(i)] (7) Request for Approval of Bond or Undertaking [LBR 2010-1(c)] (8) Application by Non-Resident Attorney to Appear Pro Hac Vice [LBR 2090-1(b)] (9) Debtor or Trustee’s Motion to Set Bar date for filing proof of Claim in a Chapter 11 Case [LBR 3003-1] (10) Debtor’s Motion for Voluntary Dismissal of Chapter 13 Case that has not previously been converted [LBR 3015-1(q)(1)(A)] (11) Motion to Reopen Bankruptcy Case [LBR 5010-1(e)] (12) Application for Issuance of Writ of Execution or Possession [LBR 7054- 1(h), 7064-1(c), 7069-1(a)]] (r) Settlement of a Motion That Has Been Set for a Hearing. (1) Notify the Court. When a matter set for hearing has been settled prior to the hearing, the parties must immediately contact the presiding judge’s courtroom deputy and file a notice of impending settlement in which the parties indicate that a stipulation regarding settlement will be filed and a proposed order 129 LBR 9013-2 approving the stipulation will be lodged.

(2) Stipulation. If a written stipulation executed in compliance with LBR 9071-1 resolving all issues as to all parties is filed at least 2 days before a scheduled hearing and a judge’s copy is delivered to chambers, no appearance at the hearing will be necessary, provided that the stipulation is accompanied by a notice and motion to approve compromise of controversy if required under FRBP 9019. (3) Failure to Comply - Sanctions. The failure to comply with the provisions of this rule may subject counsel to the imposition of sanctions under LBR 9011-3.