CASB — General Order 190-A

Source: https://www.casb.uscourts.gov/sites/casb/files/documents/general-orders/GO190A_0.pdf

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

In re: ) ) Filed May 29, 2018 AMENDMENT OF LOCAL RULES ) OF THE U.S. BANKRUPTCY COURT ) BANKRUPTCY GENERAL AND CHANGE OF EFFECTIVE DATE ) ORDER NO. 190-A OF GENERAL ORDER NO. 190 ) )

On April 10, 2018, the Court published General Order 190 which included several

amendments to the court’s Local Bankruptcy Rules. The period for public comment has closed. However, during the comment period for the amendments detailed in General Order 190, an additional amendment has been proposed and, to reduce confusion over effective dates, the court publishes the additional amendment for comment below and delays the effective date for General Order 190 to July 1, 2018.

IT IS ORDERED that in addition to the amendments contained in General Order 190,

Local Bankruptcy Rule 7026 is modified as follows:

RULE 7026. DISCOVERY

7026-1. Applicability of Rule. All adversary proceedings, and all contested matters under FRBP 9014 to which the adversary rules apply, must comply with FRBP 7026 and follow the procedures set forth in LBR 7016-1. Failure to timely comply will be cause for issuance of a notice of dismissal or denial of the matter. Civil Rule 26(d)(1) is not applicable to requests under Bankruptcy Rule 7033, 7034, or 7036. However, discovery may not be propounded in connection with a contested matter until after the responding party has filed written opposition to the matter. Discovery in unopposed contested matters may not be undertaken without leave of court.

IT IS FURTHER ORDERED that the period for comment regarding the amendment to LBR 7026 extends through June 28, 2018. Except as set forth in further order of this Court, the effective date of this order and General Order 190 is July 1, 2018. Comments concerning these amendments may be submitted by E-mail to LBRcomments@casb.uscourts.gov [please include the name, firm name (if any), E-mail address, and phone number of the person submitting the comment] or by mail to the Clerk of Court at 325 West F Street, San Diego, California 92101- 6991. Please note on the envelope “LBR comments”.

DATED: May 29, 2018

s/Laura A. Taylor s/Louise DeCarl Adler

LAURA S. TAYLOR LOUISE DeCARL ADLER Chief Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

s/Margaret M. Mann s/Christopher B. Latham

MARGARET M. MANN CHRISTOPHER B. LATHAM Judge, U.S. Bankruptcy Court Judge, U.S. Bankruptcy Court

General Order #190-A