11 Adversary Proceedings

A.   Scheduling Conferences

Adversary proceedings are governed by scheduling orders entered by the Court under Rule 7016(b) (incorporating Federal Rule of Civil Procedure 16). 

Pursuant to the Order Setting the Scheduling Conference, case management conference statements must be filed at least 7 days before each conference and continuances must be requested in writing at least 7 days prior to the conference date.  Initial Scheduling Conferences are in-person hearings.  Continued Scheduling Conferences are remote hearings, unless otherwise ordered or agreed.

The Court may set matters for trial at the Initial Scheduling Conference or any continued Scheduling Conference.  Short cause matters (e.g., actions for credit card abuse under 11 U.S.C. § 523(a)(2)) are likely to be set for trial immediately.

Parties may stipulate to continue the Initial Scheduling Conference for up to 60 days, to occur on another Initial Scheduling Conference calendar.  Any such stipulation must be filed no less than 7 days prior to the Initial Scheduling Conference.  Appearance at the Initial Scheduling Conference is not necessary so long as a signed order continuing the matter is docketed on the Court's ECF system in advance of the hearing.  If no order is docketed, the parties should appear.

B.   Trials

In connection with trial setting and evidentiary hearings, the parties are advised to review Judge Porter's form Trial Scheduling Order, available on the Court's website.  The form order indicates the kind of matters (e.g., discovery cut-off, expert reports) for which deadlines are appropriate and will be set.  Counsel should be prepared to advise the Court regarding their availability for trial.  See ¶ 5 above regarding trial continuances.

C.   Default Judgments

Prior to consideration of a request for entry of default judgment, plaintiff shall obtain entry of a clerk’s default.  The request for entry of the clerk’s default must be served on any non-responding defendant and proof of such service must be filed. 

Except in certain matters (e.g., trustee avoiding actions, 11 U.S.C. § 523(a)(2)(c) cases, and others as determined on a case-by-case basis), a plaintiff seeking a default judgment must schedule a "prove-up" hearing (see Fed. R. Civ. P. 55(b)(2) and Rule 7055) and serve notice of the hearing on the defendant at least 28 days prior to the hearing.  Any witnesses for the plaintiff must appear personally; the defaulting defendant is entitled to cross-examine any witness but is not permitted to present its own evidence or witnesses.  The court will consider declarations only if the defaulted defendant agrees.