CANB — General Order 38: (Sixth Amended) Matters Pending In The Northern District of California In Re: Covid-19 Public Health Emergency

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/SixthAmendedGO38March521corrected.pdf

1

2

3

4 UNITED STATES BANKRUPTCY COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6

7 In re: 8 SIXTH AMENDED GENERAL ORDER 38 MATTERS PENDING IN THE NORTHERN 9 DISTRICT OF CALIFORNIA

10 IN RE: COVID-19 Public Health Emergency 11 WHEREAS in March 2020, the United States Bankruptcy Court for the Northern 12 District of California (the “Court”) closed its courtrooms and Clerk’s office in response to the 13 14 COVID-19 pandemic;

15 WHEREAS the Court believes that there is an ongoing need to keep its courtrooms

16 and Clerk’s office closed and does not know when it can safely reopen;

17 NOW THEREFORE, the United States Bankruptcy Court for the Northern District of 18 California issues the following Sixth Amended General Order 38, and ORDERS as follows: 19 1. Except as footnoted below,1 all Bankruptcy Court locations are closed. This 20 closure will remain in effect until otherwise ordered. ECF Registered Participants must21

22 file all documents electronically. All other parties may submit documents for filing by mail,

23 electronically via the court’s website, or in designated drop-box locations. Filing fee

24 payments (no cash) may be submitted electronically, by mail or drop-box. Information

25 regarding electronic submission of documents, mailing addresses, drop-box location and 26 hours, are available under the “Court Operations during the COVID-19 Outbreak 27

28 1 Access to the public kiosk computer terminals located at the Clerk of Court offices in San Francisco and San Jose can be made available by appointment only. Contact the Helpdesk at Helpdesk@canb.uscourts.gov for more information.

Sixth Amended General Order 38 1

1 Information about Hearings, Filings, and Operations” banner on the court’s website: https://

2 www.canb.uscourts.gov/content/page/court-operations-during-covid-19-outbreak

3 2. Absent express order of the presiding judge, no in-court trial or evidentiary 4 hearing will be held. If the circumstances warrant, the presiding judge may conduct a trial 5 or evidentiary hearing by video or other authorized means. 6 3. All counsel, parties and other interested persons who intend to appear on a 7

8 calendared motion or application shall appear telephonically or, at the presiding judge’s

9 discretion, by video. Again, absent express order of the presiding judge, there will be no

10 physical access to any courtroom. Instructions for appearing can be found on each 11 individual judge’s calendar page on the Bankruptcy Court's website: 12 https://www.canb.uscourts.gov/calendars/judges. 13 Effective March 1, 2021, the Bankruptcy Court no longer uses CourtCall for its14 15 hearings. Instead, counsel, parties and other interested persons may appear telephonically

16 via AT&T or Zoom. Instructions for appearing telephonically can be found on each

17 individual judge’s calendar page on the Bankruptcy Court’s website:

18 https://www.canb.uscourts.gov/calendars/judges. There is NO COST for these services. 19 4. Recordation of any court hearing by any means is strictly prohibited. 20

Any person recording a court hearing shall be subject to sanctions, including but not limited21

22 to the loss of that person’s right to use the above telephonic and video services.

23 5. Until further notice, parties do not need to submit chambers’ copies.

24 6. Parties may continue matters that are set for hearing to future hearing dates 25 26 that are consistent with this Order. Available hearing dates are posted on each judge’s

27 calendar page. Requests for continuances shall be made in a manner consistent with the

28 presiding judge’s requirements.

Sixth Amended General Order 38 2

1 7. Unless otherwise ordered by the presiding judge, there is no change to all

2 other scheduling procedures including, but not limited to, applications for injunctive relief,

3 orders shortening time, and hearings on “First Day” Chapter 11 motions. 4 8. Unless otherwise ordered by the presiding judge, all notices of any motion or 5 application filed with the court and served on any party which sets a hearing date for the 6 7 motion or application must state that the hearing will not be conducted in the presiding

8 judge’s courtroom but instead will be conducted by telephone or video, and include the

9 following language: “All interested parties should consult the Bankruptcy Court’s website at

10 www.canb.uscourts.gov for information about court operations during the COVID-19 11 pandemic. The Bankruptcy Court’s website provides information regarding how to arrange 12 a telephonic or video appearance. If you have any questions regarding how to appear at a 13 court hearing, you may contact the Bankruptcy Court by calling 888-821-7606 or by using14 15 the Live Chat feature on the Bankruptcy Court’s website.”

16 9. This Order supersedes any inconsistent information or direction in any

17 standing order or notice related to the COVID-19 pandemic, and it replaces the Fifth

18 Amended General Order 38. 19 IT IS SO ORDERED. 20 Dated: March 5, 2021 21

22

23

24 Charles Novack Chief Bankruptcy Judge 25

26

27

28

Sixth Amended General Order 38 3