Service of Pleadings and Other Papers by Electronic Means

Subject to the administrative procedures approved by the Bankruptcy Court and consistent with technical standards, if any, that the Judicial Conference of the United States establishes, parties are permitted to make service through the Bankruptcy Court’s transmission facilities, as permitted by Federal Rule of Civil Procedure 5(b)(2)(E). This rule is not applicable to the service of process of a summons and complaint, which must be served in accordance with Fed. R. Bankr. P. 7004 and must timely file proof of service with the Bankruptcy Court. 37 LBR 7007-1 Motion Practice The parties shall comply with the following: (a) Conference Required When Seeking Authority to File a Request for an Extension of Time, an Untimely Response or a Discovery Motion. Before filing a motion seeking an extension of time or authority to file an untimely response or a discovery motion, an attorney for the moving party shall confer with an attorney for each party affected by the requested relief to determine whether the motion is opposed.

Conferences are not required for any other motion. (b) Certificate of Conference Required When Seeking Authority to File a Request for an Extension of Time or an Untimely Response or a Discovery Motion. (1) (2) (3) A motion seeking an extension of time or authority to file an untimely response or a discovery motion shall include a certificate of conference indicating that the motion is unopposed or opposed. If a motion seeking an extension of time or authority to file an untimely response or a discovery motion is opposed, the certificate shall state that a conference was held, indicate the date of conference and the identities of the attorneys conferring, and explain why agreement could not be reached.

If a conference was not held, the certificate shall explain why it was not possible or practicable to confer, in which event the motion will be presumed to be opposed. (c) Proposed Order When No Objection Has Been Timely Filed. When no objection has been timely filed, counsel for the moving party must upload on CM/ECF a proposed order granting the relief requested in the motion within seven (7) days prior to the proposed hearing date. In the event the parties agree to the terms of a proposed order, it must be signed by the attorneys or parties to the agreement.

(d) Brief or Memorandum. Except as required by LBR 7056-1, supporting briefs or memoranda of law are optional and are not required unless otherwise ordered by the court. LBR 7007-2 shall govern the form and length of the brief. (e) Time for Response and Brief.

A response to an opposed motion may be accompanied by brief. If no response deadline is set by the court or set forth in a notice of hearing, a response and brief to 38 an opposed motion shall be filed not later than seven (7) days prior to the proposed hearing date. (f) Appendix or Exhibit Requirements. (1) (2) (3) (4) A party who relies on documentary (including an affidavit, declaration, deposition, answer to interrogatory, or admission) or non-documentary evidence (including videotapes and other physical exhibits) to support or oppose a motion shall include such evidence in an appendix or exhibit.

The appendix or exhibit shall be separate from the motion, response, reply, or brief. The appendix or exhibit shall be submitted in accordance with the court’s Administrative Procedures for Electronic Filing; however, non-documentary exhibits and oversized exhibits that cannot be scanned electronically shall be placed in an envelope that measures 9 x 12 inches and filed separately. Each page of the appendix or exhibit shall be numbered legibly in the lower, right-hand corner. Any envelope that contains a non-documentary or oversized exhibit shall be numbered as if it were a single page.

(g) Motion Must Identify the Relief Sought and Statutory Basis. The motion shall set forth, in concise, plain terms, the specific relief sought, the party or parties against whom such relief is sought, and the rule or statute upon which the motion or application is predicated. Failure to provide the basis for relief sought is cause for the court to deny the relief requested.