CANB — Amended General Order 38 Matters Pending in the

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/AmendedGeneralOrder38.pdf

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UNITED STATES BANKRUPTCY COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In re:
11 AMENDED GENERAL ORDER 38
MATTERS PENDING IN THE

COURT 1213 NORTHERN DISTRICT OF CALIFORNIA California 14 IN RE: COVID-19 Public Health Emergency Of 15 WHEREAS the President of the United States has declared a National Emergency in

16 response to the COVID-19 outbreak; DistrictBANKRUPTCY 17 WHEREAS the Governor of California has declared a State of Emergency in response to the

18 outbreak and generally ordered that all individuals shelter-in-place; NorthernSTATES 19 WHEREAS Chief Judge Hamilton of the United States District Court for the Northern The
20 District of California has issued General Orders Nos. 72 and 73 (as amended), which, among other ForUNITED 21 things, close the San Jose, Oakland and McKinleyville federal courts and consolidate that court’s

22 activities to its San Francisco court space; and

23 WHEREAS to ensure that the United States Bankruptcy Court for the Northern District of

24 California adopts a uniform procedure to protect the health of the court staff, the attorneys who

25 practice before it, and all parties and other interested persons, and to ensure the effective and

26 expeditious administration of justice in its San Jose, Oakland, San Jose, San Francisco, Santa Rosa,

27 Salinas and McKinleyville courtrooms;

28 NOW THEREFORE, the United States Bankruptcy Court for the Northern District of

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Amended General Order 38

1 California hereby issues the following Amended Order, effective March 30, 2020 and through May

2 1, 2020:

3 1. All Bankruptcy Court locations are closed to the general public, and no court staff will be

4 physically present to assist any attorney, party or other interested person or accept any document for

5 filing at any court location. ECF Registered Participants may file electronically. All other parties

6 may submit documents for filing by mail, email, or drop-box. Filing fee payments may be submitted

7 by mail or drop-box.

8 Pleadings may be submitted by email to CANB-EMERGENCY-

9 FILINGS@canb.uscourts.gov.

10 Pleadings or filing fee payments submitted by mail should be sent by U.S. Mail to United

11 States Bankruptcy Court, 450 Golden Gate Avenue, Mail Box 36099, San Francisco, CA 94102.

12 Pleadings or filing fee payments may be submitted by drop-box at the San Francisco Federal

COURT 13 Courthouse, which is located at 450 Golden Gate Avenue, San Francisco, CA. Access to the California 14 building and the drop-box is through the Turk Street entrance from 6 a.m. to 6 p.m. Individuals need Of 15 valid government issues identification to enter the building. A date stamp machine is provided next

16 to the drop-box, and documents will be picked up twice a week. DistrictBANKRUPTCY 17 2. No in-court trial or evidentiary hearing will be held before May 1, 2020. All trials and

18 evidentiary hearings scheduled through May 1, 2020 are vacated and will be reset by the presiding NorthernSTATES 19 judge. If the circumstances warrant, the presiding judge may conduct a trial or evidentiary hearing The

For 20 prior to, on or after May 1, 2020 by video conference or other authorized means. Unless otherwiseUNITED 21 ordered by the presiding judge, there are no changes to currently calendared matters.

22 3. All counsel, parties and other interested persons who intend to appear on a calendared

23 motion or application shall appear telephonically. Again, there will be no physical access to any

24 courtroom. The instructions for appearing by telephone can be found on the Bankruptcy Court's

25 website:

26 http://www.canb.uscourts.gov/procedure/district-oakland-san-jose-san-francisco/policy-and-procedu

27 re-appearances-telephone

28 There is NO COST for this service for parties who are not represented by an attorney or to

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Amended General Order 38

1 any member of the press through April 30, 2020.

2 4. Any requirement that courtesy copies of filings be provided to chambers is suspended

3 pending further notice.

4 5. Parties may continue matters that are set for hearing to future hearing dates that are

5 consistent with this Order. Dates are posted on each presiding judge’s calendar page. Requests for

6 continuances shall be made in a manner consistent with each presiding judge’s requirements.

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

8 scheduling procedures including, but not limited to, applications for emergency injunctive relief,

9 orders shortening time, and hearings on “First Day” Chapter 11 motions.

10 7. This Order supersedes any inconsistent information or direction in any standing order or

11 notice related to the COVID-19 outbreak, and amends General Order 38, dated March 18,

12 2020.

COURT 13 IT IS SO ORDERED. California 14 Of 15 Dated: March 30, 2020 16 District _________________________________BANKRUPTCY 17 Charles Novack Chief Bankruptcy Judge 18 NorthernSTATES 19 The For 20UNITED 21

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Amended General Order 38