No. 05-05.United States Bankruptcy Court, E.D. Michigan.
September 20, 2005
STEVEN RHODES, Chief Judge
Effective on September 26, 2005, ECF Administrative Procedures 6(a), 7(a) (b) and 12(b) are amended to provide as stated below. In addition, ECF Administrative Procedure 8(d) is abrogated.
ECF Procedure 6 Filing a Motion Under LBR 9014-1
(a) Filing a Motion Under LBR 9014-1. A party filing a motion under LBR 9014-1 shall file the following as part of the same pdf file as the motion, with each exhibit separately bookmarked by an identifying tab in the PDF file:
Exhibit 1 — The Proposed Order
Exhibit 2 — The Notice of Opportunity to Respond
Exhibit 3 — The Brief in Support
Exhibit 4 — The Proof of Service
Exhibit 5 — Affidavits
Exhibit 6 — Documentary Exhibits, beginning with a list of the exhibits (See Exhibit A of these Administrative Procedures) and with each exhibit separately bookmarked by an identifying tab in the PDF file.
At the Filer’s option, if Exhibit 6 — Documentary Exhibits — contains Scanned Material, it may be filed as a separate paper.
The requirement to file a blank notice of hearing is abrogated. The clerk will serve a notice of hearing either electronically or traditionally, as appropriate.
ECF Procedure 7 Orders
(a) Step One in Obtaining the Entry of an Order. The following shall be electronically filed, separately and before a Proposed Order may be submitted, and may not be combined into one Paper with the Proposed Order:
(1) Approvals as to the form of a Proposed Order under LBR 9021-1(a)(3);
(2) A certificate of no response under LBR 9021-1(a)(4)(A);
(3) A certificate of no response under LBR 9014-1(c), except the requirement to file a copy of the proof of service with this certificate is abrogated;
(4) A stipulation for the entry of a Proposed Order;
(5) A statement of consent to the entry of a Proposed Order;
(6) A joint motion for the entry of a Proposed Order; and,
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(7) An ex parte motion. (In addition, unless the Court orders otherwise, before submitting a Proposed Order, the ex parte motion shall be served on all interested parties, either by email or other means.)
If the Court excuses presentment of a Proposed Order under LBR 9021-1(a)(2), the Proposed Order may be submitted as set forth in paragraph (b).
(b) Step Two in Obtaining the Entry of an Order. The Proposed Order shall be submitted in Word or WordPerfect format and not
in PDF using the procedure available on the Court’s website. The Proposed Order shall not contain a signature block for the judge’s signature, and shall be left blank after the text of the Proposed Order. No other special formatting is required for a Proposed Order submitted by this procedure.
ECF Procedure 12 Service on Filers, Users and Others
(b) When Service of a Paper Copy is Required. A traditional paper copy of the following shall be served in accordance with the rules applicable to them:
(1) In a bankruptcy case, a motion under Rule 9014, except that service by mail is not required to any respondent’s attorney who is on the Electronic Email Notice List of the case, which is available through the ECF Utilities screen by clicking on – Mailings . . . – Mailing Info for a Case – [Enter Case Number – Submit];
(2) In an adversary proceeding,
(i) a summons and complaint under Rule 7004; and,
(ii) a motion filed with a complaint, such as a motion for a temporary restraining order or a motion for a preliminary injunction.
In an adversary proceeding, any other motion may be filed and served electronically.
IT IS SO ORDERED.
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