CACB — Assignment and Reassignment of Related Cases and Proceedings and Cases and Proceedings Due to Recusal

Source: https://www.cacb.uscourts.gov/sites/cacb/files/documents/general-orders/GO11-01.pdf

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5 UNITED STATES BANKRUPTCY COURT 6 7 CENTRAL DISTRICT OF CALIFORNIA

8 In re 9 ASSIGNMENT AND REASSIGNMENT OF 10 RELATED CASES AND PROCEEDINGS GENERAL ORDER 11-01 AND CASES AND PROCEEDINGS DUE 11 TO RECUSAL

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13 To assist in the orderly conduct of the business of this court, the judges of the United

14 States Bankruptcy Court for the Central District of California hereby enter General Order 11-01,

15 dated June 8, 2011, which (1) establishes procedures by which related cases and proceedings are

16 assigned and reassigned and by which cases and proceedings are reassigned due to recusal, and 17 (2) supersedes and vacates General Order 99-02. 18 PROCEDURE FOR ASSIGNMENT AND REASSIGNMENT 19 Assignment of Related Cases 20 The following procedure must be used by the Clerk of the Court for the assignment of 21 related cases: 22 When a “Rule 1015-2 Statement” (as defined in LBR 1015-2(b)) discloses a Related Case 23 (as defined in LBR 1015-2(a)) which is or was pending in this District, the newly-filed case 24 shall be assigned by the Clerk in the following manner: 25 (a) Except as provided in subsection (c), if the judge to whom such Related Case was most 26 recently assigned is still in office, then to such judge;

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1 (b) If such judge is no longer in office, then according to the administrative orders of this

2 court; and 3 (c) If the new petition was properly filed in a division of this District different from the 4 division in which the judge to whom the prior case was assigned now sits, the new case 5 will be assigned to a judge in the division in which it was filed and not to the judge to 6 whom the prior case was assigned. 7

8 Reassignment of Related Cases and Proceedings

9 The following procedure shall apply to the reassignment of related cases and proceedings

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11 The judge to whom a Related Case or proceeding has been assigned may, by mutual

12 consent, or in the absence of such consent, with the approval of the Chief Judge, order the

13 reassignment of a Related Case or proceeding to the judge to whom a Related case or 14 proceeding has been assigned for good cause based upon the convenience of the parties 15 or where justice otherwise requires. 16

17 Reassignment of Cases and Proceedings Due to Recusal

18 If a case or proceeding is assigned to a judge and the assigned judge discovers grounds to

19 recuse himself or herself pursuant to FRBP 5004, the assigned Judge may not cause the case or

20 proceeding to be reassigned unless the assigned judge first signs an order that specifies the basis

21 for recusal and, hence, reassignment. The form “Orders of Recusal” are attached as Exhibit “A” to

22 this order. The preceding paragraph applies no matter how the case or proceeding was assigned

23 to the assigned judge. 24 IT IS SO ORDERED. 25 Date: June 8, 2011 ____________________________________________26 PETER H. CARROLL Chief Judge, United States Bankruptcy Court

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