BK-N 01-31627 GWZUnited States Bankruptcy Court, D. Nevada
June 13, 2001
AMENDED ORDER ESTABLISHING CERTAIN NOTICE, CASE MANAGEMENT, AND ADMINISTRATIVE PROCEDURES
GREGG W. ZIVE, United States Bankruptcy Judge
IT IS HEREBY ORDERED that each Expedited Motion shall demonstrate good cause for the movant’ s being entitled to relief upon less than 21 calendar days notice. An Attorney Information Sheet will be required andcounsel for the movant shall lodge with the Clerk’s Office an OrderSetting Expedited Hearing for the court’s consideration. If the OrderSetting Expedited Hearing is signed, movant shall serve a copy of theorder, the motion and all moving papers no later than the next business day after the day the Order Setting Expedited Hearing is filed, but in no event later than seven days prior to the Scheduled Hearing date. All answers, objections, or other responsive pleadings shall be filed and delivered within seven calendar days after the filing of the Expedited Motion. but in no event shall responsive papers be filed and delivered less than three calendar days before the Scheduled Hearing Date. Failure to file such an answer, objection, or other responsive pleading within the period of time specified in the foregoing sentence shall be deemed a waiver of any objection and the right to be heard thereon, except upon motion to the Court and cause shown. Any reply papers shall be filed and delivered no later than one business day before the Scheduled Hearing Date unless otherwise ordered by the court.
IT IS FURTHER ORDERED that each Emergency Motion shall demonstrate good cause for the movant’s being entitled to relief upon less than seven business days notice. Accordingly, movant shall plead, and counsel for the movant shall so certify, with specificity, the basis for emergency relief and the nature of the serious, irreparable harm that would result if a hearing on the matter was delayed until the next Scheduled Hearing Date. Unless otherwise permitted by the Court, each Emergency Motion shall be accompanied by an “Attorney Information Sheet for Proposed Order Shortening Time” or similar statement indicated the following: (1) whether opposing counsel and other interested parties and persons were provided notice; (2) whether opposing counsel or other persons consent to a hearing on shortened time; and (3) the date counsel and other persons were provided notice; and (4) how notice was provided, or if not provided, how the moving party attempted to provide notice. On the same day that movant files an Emergency Motion, the movant shall lodge withthe Clerk’s office the Proposed Order Setting Emergency Hearing for thecourt’s review. If the Order Setting Emergency hearing is granted, the movant shall serve the order, the motion and all corresponding moving papers by telefax or personal service upon the Debtors, attorneys for the Debtors, the Office of the United States Trustee, counsel for any committees appointed in these cases, counsel for the Debtors pre and postpetition lenders and any party against whom relief is sought. Notice of the Emergency Motion shall be served on the Master Service List by overnight courier or overnight express mail delivery (excluding Sunday delivery) so that the Master Service List receives such Notice the calendar day following (excluding Sundays) the filing of the Emergency Motion. Responses to an Emergency Motion may be made at the hearing on such Emergency Motion unless otherwise ordered by the court.
IT IS FURTHER ORDERED that all of the other terms and conditions of theOrder Establishing Certain Notice Case Management, and AdministrativeProcedures entered on May 24, 2001 shall remain in full force andeffect.