CANB — Matters Pending in The Northern District of California In Re: Coronavirus Disease Public Health Emergency

Source: https://www.canb.uscourts.gov/sites/default/files/general-orders/generalorder38.pdf

1

2

3

4

5

6

7
UNITED STATES BANKRUPTCY COURT
8
NORTHERN DISTRICT OF CALIFORNIA
9

10
In re:
11 GENERAL ORDER 38
MATTERS PENDING IN THE

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

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

18 outbreak; NorthernSTATES 19 WHEREAS the Centers for Disease Control and Prevention have recommended that The
20 throughout the United States for an eight week period, organizations cancel or postpone events ForUNITED 21 consisting of 50 persons or more;

22 WHEREAS local public health departments have recommended that large gatherings be

23 avoided, that elderly and vulnerable populations avoid person-to-person contact, and that employers

24 allow employees to telework to the extent practicable;

25 WHEREAS seven Bay Area counties have announced a shelter in place order directing

26 everyone to stay inside their residences and away from others as much as possible for the next three

27 weeks as public health officials try to curb the rapid spread of Coronavirus across the regions;

28 WHEREAS Chief Judge Hamilton of the United States District Court for the Northern

1

GENERAL ORDER 38

1 District of California has issued General Orders Nos. 72 and 73 to address the Coronavirus Disease

2 outbreak, and that the San Jose, San Francisco, and McKinleyville bankruptcy courts are located

3 within the Federal Buildings that are subject to General Orders 72 and 73; and

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

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

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

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

8 and McKinleyville courtrooms;

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

10 California hereby issues the following Order, effective immediately and through May 1, 2020:

11 1. No in-court trial or evidentiary hearing will be commenced before May 1, 2020. All trial or

12 evidentiary hearing dates currently scheduled during that period are vacated and will be reset by the

COURT 13 presiding judge. There is no change to currently calendared motions or applications. California 14 2. All counsel, parties and other interested persons who intend to appear on a calendared motion or Of 15 application shall appear telephonically. There will be no physical access to any courtroom. The

16 instructions for appearing by telephone can be found on the Bankruptcy Court's website: DistrictBANKRUPTCY 17 http://www.canb.uscourts.gov/procedure/district-oakland-san-jose-san-francisco/policy-and-procedu

18 re-appearances-telephone NorthernSTATES 19 There is NO COST for this service for parties who are not represented by an attorney. The

For 20 3. Any requirement that counsel or parties provide courtesy copies of filings to chambers isUNITED 21 suspended pending further notice.

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

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

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

25 5. Unless otherwise ordered by the presiding judge, there is no change to all other scheduling

26 procedures including, but not limited to, applications for emergency injunctive relief, orders

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

28 6. Parties are directed to the Bankruptcy Court’s website to determine the operating status of each

2

GENERAL ORDER 38

1 location.

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

3 related to the Coronavirus Disease outbreak.

4
IT IS SO ORDERED.
5
Dated: March 18, 2020
6

7 _________________________________
Charles Novack
8 Chief Bankruptcy Judge

9

10

11

12

COURT 13 California 14 Of 15

16 DistrictBANKRUPTCY 17

18 NorthernSTATES 19 The

For 20UNITED 21

22

23

24

25

26

27

28

3

GENERAL ORDER 38