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

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/FourthAmendedGO38_1.pdf

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

COURT 1213 NORTHERN DISTRICT OF CALIFORNIA California 14 IN RE: COVID-19 Public Health Emergency Of 15 WHEREAS the United States Bankruptcy Court for the Northern District of California (the

16 “Court”) has closed its courtrooms and Clerk’s office in response to the COVID-19 pandemic since DistrictBANKRUPTCY 17 March 2020;

18 WHEREAS the Court has determined that for health and safety reasons there is an ongoing NorthernSTATES 19 need to keep its courtrooms and Clerk’s office closed and does not expect to reopen for personal The
20 appearances or filings before March 1, 2021; ForUNITED 21 NOW THEREFORE, the United States Bankruptcy Court for the Northern District of

22 California hereby issues the following Fourth Amended General Order 38, effective October 1, 2020

23 and through March 1, 2021, and ORDERS as follows:

24 1. Locations Closed

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

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

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Fourth Amended General Order 38

1 filing at any court location.

2 2. Document Filings and Fees

3 ECF Registered Participants must file all documents electronically. All other parties may

4 submit documents for filing by mail, e-mail, or drop-box. Filing fee payments (no cash) may be

5 submitted by mail, pay.gov, or drop-box.

6 Documents and filing fees submitted by mail should be sent by U.S. Mail to United States

7 Bankruptcy Court, 450 Golden Gate Avenue, Mail Box 36099, San Francisco, CA 94102 or United

8 States Bankruptcy Court, 280 South First Street, Suite 3035, San Jose, CA 95113.

9 Documents submitted by e-mail should be sent to:

10 CANB-EMERGENCY- FILINGS@canb.uscourts.gov

11 Documents and filing fee payments submitted by drop-box can be deposited in two locations:

12 San Francisco Federal Courthouse

COURT 13 The San Francisco Courthouse is located at 450 Golden Gate Avenue, San Francisco, CA. California 14 Access to the building and the drop-box is through the Turk Street entrance between 6 a.m. to 6 p.m. Of 15 Monday - Friday (excluding federal holidays). Individuals must present valid government issued

16 identification to enter the building. A date stamp machine is provided next to the drop-box, and DistrictBANKRUPTCY 17 documents will be retrieved and processed twice a week; or

18 San Jose Federal Courthouse NorthernSTATES 19 The San Jose Federal Courthouse is located at 280 South First Street, San Jose, CA. Access The

For 20 to the building and the drop-box is between 7:30 a.m. to 5 p.m. Monday - Friday (excluding federalUNITED 21 holidays). Individuals must present valid government issued identification to enter the building. A

22 date stamp machine is provided next to the drop-box, and documents will be retrieved and processed

23 twice a week.

24 3. Absent express order of the presiding judge, no in-court trial or evidentiary hearing

25 will be held before March 1, 2021, and all in-court trials and evidentiary hearings scheduled through

26 March 1, 2021 (that are not expressly ordered to proceed in-court as scheduled or by other

27 authorized means) are hereby VACATED and will be reset by the presiding judge. If the

28 circumstances warrant, the presiding judge may conduct a trial or evidentiary hearing by video or

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Fourth Amended General Order 38

1 other authorized means.

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

3 motion or application shall appear telephonically or, at the presiding judge’s discretion, by video.

4 Again, absent express order of the presiding judge, there will be no physical access to any

5 courtroom. Instructions for appearing by telephone can be found on the Bankruptcy Court's website:

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

7 re-appearances-telephone

8 There is NO COST for this telephonic service to parties who are not represented by an

9 attorney or to any member of the press through March 1, 2021. The presiding judge shall provide

10 instructions for appearing by video as warranted. There is NO COST for video appearances.

11 5. Recordation of any court hearing by any means is strictly prohibited. Any

12 person recording a court hearing shall be subject to sanctions, including but not limited to the loss of

COURT 13 that person’s right to use the above telephonic and video services. California 14 6. Until further notice, any requirement for the submission of chambers’ copies of Of 15 documents filed with the court is hereby suspended.

16 7. Parties may continue matters that are set for hearing to future hearing dates that are DistrictBANKRUPTCY 17 consistent with this Order. Available hearing dates are posted on each judge’s calendar page.

18 Requests for continuances shall be made in a manner consistent with the presiding judge’s NorthernSTATES 19 requirements. The

For 20 8. Unless otherwise ordered by the presiding judge, there is no change to all otherUNITED 21 scheduling procedures including, but not limited to, applications for injunctive relief, orders

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

23 9. Unless otherwise ordered by the presiding judge, all notices of any motion or

24 application filed with the court and served on any party which sets a hearing date for the motion or

25 application must state that the hearing will not be conducted in the presiding judge’s courtroom but

26 instead will be conducted by telephone or video, and include the following language: “All interested

27 parties should consult the Bankruptcy Court’s website at www.canb.uscourts.gov for information

28 about court operations during the COVID-19 pandemic. The Bankruptcy Court’s website provides

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Fourth Amended General Order 38

1 information regarding how to arrange a telephonic or video appearance. If you have any questions

2 regarding how to appear at a court hearing, you may contact the Bankruptcy Court by

3 calling 888-821-7606 or by using the Live Chat feature on the Bankruptcy Court’s website.”

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

5 or notice related to the COVID-19 pandemic, and replaces the Third Amended General Order 38.

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7 IT IS SO ORDERED.

8 September 23, 2020

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10 Charles Novack
Chief Bankruptcy Judge
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COURT 13 California 14 Of 15

16 DistrictBANKRUPTCY 17

18 NorthernSTATES 19 The

For 20UNITED 21

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Fourth Amended General Order 38