No hearing will be scheduled on motions filed in adversary proceedings, unless the Court orders otherwise, except for discovery-related motions which shall be governed by Local Rule 9006-1(b).  An application to the Court for oral argument on a motion shall be in writing and shall be filed with the Court and served on counsel for all parties in the proceeding no later than seven (7) days after service of the reply brief.  An application for oral argument may be granted or denied at the discretion of the Court.

No earlier than seven (7) days and no later than fourteen (14) days after completion of briefing or expiration of a deadline on an adversary proceeding motion, counsel to the movant shall file and serve on counsel for all parties in the adversary proceeding a "Notice of Completion of Briefing" containing a list of all relevant pleadings with related docket numbers or a "Certificate of No Objection" to the extent the respective motion or pleading was unopposed and no briefing occurred.  Upon the filing of said notice or certificate, counsel to the movant shall have delivered to the respective Judge's chambers a copy of the Notice of Completion of Briefing or Certificate of No Objection.  The Notice of Completion of Briefing shall be delivered in a binder and include copies of the pleadings identified in the notice and the relevant complaint, any answer(s), and any request(s) for oral argument

In an adversary proceeding before the Court, in addition to statements required by Rule 7008(a) of the Federal Rules of Bankruptcy Procedure, the complaint, counterclaim, cross-claim, and third-party complaint shall contain a statement that the pleader does or does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution.  If no such statement is included, the pleader shall have waived the right to contest the authority of the Court to enter final orders or judgments.

In addition to statements required by Rule 7012(b) of the Federal Rules of Bankruptcy Procedure, any answer, motion or response shall contain a statement that the filing party does or does not consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution.  If no such statement is included in the answer, motion or response thereto, the filing party shall have waived the right to contest the authority of the Court to enter final orders or judgments.

The deadline to plead or move in response to a complaint or other pleading in an adversary proceeding may be extended for a period of up to thirty (30) days by stipulation of the parties docketed with the Court or, for a longer period of time, by order of the Court.  Any motion for extension of time to plead or move in response to a complaint or other pleading in an adversary proceeding or a stipulation seeking entry of an order approving such an extension must be filed with the Court prior to the expiration of the deadline to be extended.  Any deadline extended pursuant to this section shall not affect any othr deadlines set forth in any Scheduling Order entered by the Court.  

In any adversary proceeding, the pretrial conference scheduled in the summons and notice issued under Local Rule 7004-2 shall be deemed to be the scheduling conference under Fed. R. Civ. P. 16(b).

1. Attorney Conference Prior to Scheduling Conference.
   1. If the date for submitting a motion or answer to the complaint attached to the summons and notice issued under Local Rule 7004-2 is at least fourteen (14) days prior to the date of the Fed. R. Civ. P. 16(b) scheduling conference, all attorneys for all the parties shall confer at least seven (7) days prior to the Fed. R. Civ. P. 16(b) scheduling conference to discuss:  (A) the nature of the case, (B) any special difficulties that counsel foresee in prosecution or defense of the case, (C) the possibility of settlement, (D) any requests for modification of the time for the mandatory disclosure required by Fed. R. Civ. P. 16(b) and 26(f) and (E) the items in Local Rule 7016-1(b).
       
   2. In the event that Local Rule 7016-1(a)(i) does not apply, all attorneys for all parties shall confer on the items identified in that section at least seven (7) days prior to the Fed. R. Civ. P. 16(b) scheduling conference.
       
2. Scheduling Conference.  At the Fed. R. Civ. P. 16(b) scheduling conference, the Court may consider, in addition to the items specified in Fed. R. Civ. P. 16(b) and 16(c), the following matters:
   1. The schedule applicable to the case, including a trial date, if appropriate;
       
   2. The number of interrogatories and requests for admissions to be allowed by any party and the number and location of depositions;
       
   3. How discovery disputes are to be resolved;
       
   4. The briefing practices to be employed in the case, including what matters are or are not to be briefed and the length of briefs;
       
   5. The possibility of settlement; and
       
   6. Whether the matter could be resolved by voluntary mediation or binding arbitration.
       
3. Attendance at Scheduling Conference.  Unless otherwise permitted by the Court under Local Rule 7016-3, the conference described in Local Rule 7016-1(b) will be an in-person conference.  All counsel who expect to have a significant role in the prosecution or defense of the case are required to attend the conference.

A pretrial conference shall be held if scheduled in a scheduling order issued under Local Rule 7016-1(b) (the "Scheduling Order") or if requested by a party under this Local Rule.

1. Request for Pretrial Conference.  Any party may request that a pretrial conference be held following the completion of discovery, as provided in the Scheduling Order, by contacting the Court.  At least fourteen (14) days' notice of the time and place of such pretrial conference shall be given to all other parties in interest by the attorney for the party requesting the pretrial conference.
    
2. Failure to Appear at Pretrial Conference or to Cooperate.  Unless otherwise permitted by the Court under Local Rule 7016-3, all counsel who will conduct the trial are required to appear before the Court for the pretrial conference.  Should an attorney for a party fail to appear or to cooperate in the preparation of the pretrial order specified in Local Rule 7016-2(d), the Court, in its discretion, may impose sanctions, such as costs and fines.  The Court may further hold a pretrial hearing, ex parte or otherwise, and, after notice, enter an appropriate judgment or order.
    
3. Attorney Conference Prior to Pretrial Conference.  The parties shall meet and confer in good faith so that the plaintiff may file the pretrial order in conformity with this Rule.
    
4. Pretrial Order.  At least seven (7) days prior to the pretrial conference, the attorney for the plaintiff shall file with the Court an original and one (1) copy of a proposed pretrial order, signed by an attorney for each party, that covers the following items, as appropriate:
   1. A statement of the nature of the action, the pleadings in which the issues are raised (e.g., third amended complaint and answer) and whether counterclaims, crossclaims, etc., are involved;
       
   2. The constitutional or statutory basis of federal jurisdiction, together with a brief statement of the facts supporting such jurisdiction;
       
   3. Whether the bankruptcy court has adjudicatory authority to render final orders and judgments in the proceeding, either on the basis of the nature of the claims or through consent of the parties;
       
   4. A statement of the facts that are admitted and that require no proof;
       
   5. A statement of the issues of fact that any party contends remain to be litigated;
       
   6. A statement of the issues of law that any party contends remain to be litigated, and a citation of authorities relied upon by each party;
       
   7. A list of premarked exhibits, including designations of interrogatories and answers thereto, requests for admissions and responses, and depositions that each party intends to offer at trial, with a specification of those that may be admitted into evidence without objection, those to which there are objections and the Federal Rule of Evidence relied upon by the proponent of the exhibit.  Copies of the exhibits, premarked and separated by tabs, shall be furnished to opposing counsel and submitted to the respective Judge's chambers in binders at least seven (7) days before the pretrial conference or trial (if no pretrial is requested).  Copies of the exhibits should not be electronically filed with the Court;
       
   8. The names of all witnesses a party intends to call to testify, either in person or by deposition, at the trial and the specialties of experts to be called as witnesses;
       
   9. A brief statement of what the plaintiff intends to prove in support of the plaintiff's claims, including the details of the damages claimed or of other relief sought;
       
   10. A brief statement of what the defendant intends to prove as defenses;
        
   11. Statements by counterclaimants or crossclaimants comparable to that required of the plaintiff;
        
   12. Any amendments of the pleadings desired by any party with a statement whether it is unopposed or objected to and, if objected to, the grounds thereon;
        
   13. A certification that the parties have engaged in a good faith effort to explore the resolution of the controversy by settlement;
        
   14. Any other matters that the parties deem appropriate; and
        
   15. The concluding paragraph of the draft of the pretrial order shall read:

THIS ORDER SHALL CONTROL THE SUBSEQUENT COURSE OF THE ACTION UNLESS MODIFIED BY THE COURT TO PREVENT MANIFEST INJUSTICE.

At least twenty-four (24) hours before the time scheduled for a scheduling conference or pretrial conference, any party to the conference may request that the conference be conducted by telephone or that the party be permitted to participate by telephone.  Such request may be made by telephone to the Court and shall be communicated contemporaneously to other counsel known to be involved in the hearing or conference.  Any party objecting to the request shall promptly advise the Court and other counsel.

1. Notice.  All motion papers under Fed. R. Bankr. P. 7026 - 7037 shall be filed and served so as to be received at least seven (7) days before the hearing date on such motion.  When service is made for a discovery related motion under this Local Rule, any objection shall be filed and served so as to be received at least one (1) business day before the hearing date.
    
2. Motions to Include the Discovery at Issue.  Any discovery motion filed pursuant to Fed. R. Civ. P. 26 through 37 shall include, in the motion itself or in a memorandum, a verbatim recitation of each interrogatory, request, answer, response, or objection which is the subject of the motion or shall have attached a copy of the actual discovery document which is the subject of the motion.
    
3. Certification of Counsel.  Except for cases or proceedings involving pro se parties or motions brought by nonparties, every motion under this Local Rule shall be accompanied by an averment of counsel for the moving party that a reasonable effort has been made to reach agreement with the opposing party on the matters set forth in the motion or the basis for the moving party not making such an effort.  Unless otherwise ordered, failure to so aver may result in dismissal of the motion.

1. Service With Filing.  In cases involving pro se parties, all requests for discovery under Fed. R. Civ. P. 26, 30, 31, 33 through 36, and answers and responses thereto, shall be served upon other counsel or parties and filed with the Court.
    
2. Service Without Filing.  Consistent with Fed. R. Civ. P. 5(a), in cases where all parties are represented by counsel, all requests for discovery under Fed. R. Civ. P. 26, 30, 31, 33 through 36 and 45, and answers and responses thereto, and all required disclosures under Fed. R. Civ. P. 26(a), shall be served upon other counsel or parties but shall not be filed with the Court.  In lieu thereof, the party requesting discovery and the party serving responses thereto shall file with the Court a "Notice of Service" containing a certification that a particular form of discovery or response was served on other counsel or opposing parties, and the date and manner of service.
   1. Filing the notice of taking of oral depositions required by Fed. R. Civ. P. 30(b)(1) and 30(b)(6), and filing of proof of service under Fed. R. Civ. P. 45(b)(3) in connection with subpoenas, will satisfy the requirement of filing a "Notice of Service."
       
   2. The party responsible for service of the discovery request or the response shall retain its respective originals and become the custodian of them.  The party taking an oral deposition shall be custodian of the original deposition transcript; no copy shall be filed except pursuant to subparagraph (iii).  Unless otherwise ordered, in cases involving out-of-state counsel, local counsel shall be the custodians.
       
   3. If depositions, interrogatories, requests for documents, requests for admissions, answers, or responses are to be used at trial or are necessary to a pretrial or post trial motion, the verbatim portions thereof considered pertinent by the parties shall be filed with the Court when relied upon.
       
   4. When discovery not previously filed with the Court is needed for appeal purposes, the Court, on its own motion, on motion by any party, or by stipulation of counsel, shall order the necessary material delivered by the custodian to the Court.
       
   5. The Court on its own motion, on motion by any party, or on application by a non-party, may order the custodian to file the original of any discovery document.