CANB — General Order 38: (Second 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/2ndAmendedGeneralOrder38_0.pdf

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UNITED STATES BANKRUPTCY COURT
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NORTHERN DISTRICT OF CALIFORNIA
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In re:
11 SECOND 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 President of the United States has declared a National Emergency in

16 response to the COVID-19 pandemic; 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, and several counties within the NorthernSTATES 19 Northern District of California have extended their own shelter-in-place orders to May 31, 2020; The
20 WHEREAS Chief Judge Hamilton of the United States District Court for the Northern ForUNITED 21 District of California has issued General Orders Nos. 72 and 73 (as amended), which, among other

22 things, close the San Jose, Oakland and McKinleyville federal courts to the general public through

23 May 31, 2020; and

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

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

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

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

28 Salinas and McKinleyville courtrooms;

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Second Amended General Order 38

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

2 California hereby issues the following Second Amended General Order 38, which is effective March

3 30, 2020 and through May 31, 2020, and ORDERS as follows:

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

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

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

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

8 by mail or drop-box.

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

10 FILINGS@canb.uscourts.gov.

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

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

COURT 13 Pleadings or filing fee payments may be submitted by drop-box at the San Francisco Federal California 14 Courthouse, which is located at 450 Golden Gate Avenue, San Francisco, CA. Access to the Of 15 building and the drop-box is through the Turk Street entrance from 6 a.m. to 6 p.m. Individuals need

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

18 2. No in-court trial or evidentiary hearing will be held before May 31, 2020. All in-court NorthernSTATES 19 trials and evidentiary hearings scheduled through May 31, 2020 are vacated and will be reset by the The

For 20 presiding judge. If the circumstances warrant, the presiding judge may conduct a trial or evidentiaryUNITED 21 hearing by video conference or other authorized means. Unless otherwise ordered by the presiding

22 judge, there are no changes to currently calendared matters.

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

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

25 Again, there will be no physical access to any courtroom. The instructions for appearing by

26 telephone can be found on the Bankruptcy Court's website:

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

28 procedure-appearances-telephone

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Second Amended General Order 38

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

2 attorney or to any member of the press through June 30, 2020. The presiding judge shall provide

3 instructions for appearing by video as warranted. There is NO COST for this video service for

4 parties who are not represented by an attorney or to any member of the press through June 30, 2020,

5 and depending on the video platform used by the presiding judge, there may be NO COST for

6 parties who are represented by an attorney and for other interested parties.

7 4. Recordation of any court hearing by any means is strictly prohibited. Any person

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

9 person’s right to use the above telephonic and video services.

10 5. Any requirement that courtesy copies of filings be provided to chambers is suspended

11 pending further notice.

12 6. Parties may continue matters that are set for hearing to future hearing dates that are

COURT 13 consistent with this Order. Dates are posted on each presiding judge’s calendar page. Requests for California 14 continuances shall be made in a manner consistent with each presiding judge’s requirements. Of 15 7. Unless otherwise ordered by the presiding judge, there is no change to all other

16 scheduling procedures including, but not limited to, applications for emergency injunctive relief, DistrictBANKRUPTCY 17 orders shortening time, and hearings on “First Day” Chapter 11 motions.

18 8. This Order supersedes any inconsistent information or direction in any standing order or NorthernSTATES 19 notice related to the COVID-19 pandemic, and replaces Amended General Order 38, dated March The

For 20 30, 2020.UNITED 21 IT IS SO ORDERED. 22 May 1, 2020 23

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Charles Novack
25 Chief Bankruptcy Judge

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Second Amended General Order 38