Judge Porter's Practices and Procedures

Judge Porter conducts hearings in three ways:

1. remote hearings conducted by videoconference (e.g., by Zoom or equivalent), in which there are no personal appearances in the courtroom;
2. hybrid hearings, in which each party or counsel can elect to attend in person in the courtroom or by videoconference; and
3. in-person hearings, which requires parties and counsel to appear in the courtroom, subject to prior exception approved by the court. 

Litigants and interested parties should refer to Judge Porter’s Open Calendar Procedure and Available Dates for Open Calendaring, which are posted to the court’s website, to determine whether a particular calendar will be conducted in‐person and/or by videoconference.

Parties shall comply with Judge Porter’s Procedures for Noticing and Conducting Hearings.

A.Unopposed Continuances

Motions directed to specific parties may be continued as allowed by the BLR or by stipulation.  Courtroom Deputy Ms. Ruby Bautista must be notified 72 hours in advance of any scheduled hearing of such continuance.  The moving party shall file and serve a notice of the continued hearing.  If the moving party fails to file a notice of the continued hearing by the time of the hearing, the motion may be denied for lack of prosecution. 

Motions or applications noticed to creditors generally – including asset sales, motions to convert or dismiss, etc. – shall be continued on the record at the time set for hearing in the notice.  Courtroom Deputy Ms. Ruby Bautista must be notified 72 hours in advance of such continuances.

B.Opposed Continuances

A party requesting a continuance that is opposed must comply with BLR 9006-1.

C.Trials

Generally speaking, trials will not be continued for anything less than a compelling reason.  A request for continuance must be made by noticed motion or by a written stipulation stating the reason for the requested continuance.  Parties requesting a continuance of a trial should comply with BLR 9006-1.  The agreement of parties to continue a trial does not bind the Court.

A.   Text-Searchable Portable Document Format

Electronic documents should be in text-searchable portable document format (PDF) while maintaining the original document formatting.  In instances where the electronic filer of the document was not the original drafter (e.g. exhibits submitted as evidence) and the circumstances reflect that a document cannot practicably be converted to a text-searchable PDF, the document may be scanned or converted to non-text-searchable PDF.  The electronic filer is responsible for ensuring that any document filed is complete and readable.

B.   PDF Page Labels

To facilitate efficient review of electronically filed briefs, all briefs submitted in Portable document format (PDF) should include PDF page labels that correspond to the page numbers printed on the document itself.  For example, where the caption is on PDF page 0, a table of contents and table of authorities is on pages i to iii, and the text of the brief is on pages 1 to 10, the PDF page labels should match 0, i-iii, and 1-10. 

The page number for the cover page may be suppressed and need not appear on the cover page.

An electronic filer is not required to use a specific vendor, technology, or software for creation of a document for filing.  Nonetheless, for instructions on creating page labels in Adobe Acrobat Pro, if an electronic filer chooses to use that application, can be found on the court’s website at Creating Page Labels in Adobe Acrobat Pro.

C.   Bookmarking

An electronic bookmark is a descriptive text link that appears in the bookmarks panel of an electronic document.  Each electronically filed brief or memorandum of points and authorities should include an electronic bookmark to (i) the “Top” of the document, (ii) each heading and subheading, and (iii) the first page of any component of the document, including any table of contents, table of authorities, verification, declaration, proof of service, exhibit, or attachment.  Bookmarks for subheadings and subdivisions of documents should be properly nested to reflect the hierarchical structure of the document.

All briefs and memoranda of points and authorities in support, opposition, or reply to a motion filed by electronic filers that exceed 10 pages of substantive argument (i.e. excluding the caption page, table of contents, table of authorities, and proof of service) should include bookmarks.

Where bookmarks appear, each electronic bookmark must briefly describe the item to which it is linked.  For example, an electronic bookmark to a heading must provide the text of the heading; an electronic bookmark to an exhibit or attachment must include the letter or number of the exhibit or attachment, and it may also include a brief description of the exhibit or attachment.

D.   Referencing Pages of an Electronically Filed Document

When referring to page numbering in briefs (for example, an opposition that refers to the motion), please reference the page number printed on the page (which should also match the page labeling applied through Adobe Acrobat, or equivalent application) and line number.

For example, an opposition brief filed in response to the motion filed at Docket No. 3 might reference “Dkt. 3 at p. 10,” meaning the page of argument labeled as “page 10,” which is not necessarily the tenth page of the PDF.

In the event a discovery dispute arises, the parties shall meet and confer in good faith to attempt to resolve the issues. (See BLR 1001-2(a) and Civil LR 37-1(a) and (b).)  Parties should comply with the procedures set forth in Civil LR 37-1, particularly with respect to required conferences and meet and confer rules.  (See Civil LR 1-5(n).)  For purposes of Civil LR 1-5(n), references to telephonic communications include communications via videoconference. 

If the parties fail to resolve a discovery dispute, a party may file a letter brief of no more than five (5) pages to the Court via CM/ECF.  The letter brief must address the party’s efforts to meet and confer with the opposing party.  Do not include exhibits with letter briefs.  Absent leave of court, letter briefs in excess of five (5) pages or exhibits submitted with a letter brief may not be considered.

After reviewing the letter brief, Judge Porter will decide how to respond, whether to issue an order, hold a telephonic conference, schedule a hearing, request a response or more information, or otherwise.

Any request for sanctions relating to a discovery dispute must be made by separate noticed motion.  Rules 7037 (incorporating Federal Rule of Civil Procedure 37(a)), 9014, 9020.

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.

Unless otherwise ordered, Debtors in cases under the Small Business Reorganization Act of 2019 (Subchapter V of Ch. 11) shall comply with the court’s Order Setting (A) Status Conference; (B) Claims Bar Date; (C) Deadline for Election Under 11 U.S.C. § 1111(b)(2); and (D) Other Deadlines, which will be issued by the Clerk of Court immediately following the filing of a voluntary petition for relief under Subchapter V or immediately following the entry of an order for relief in involuntary cases under Subchapter V.  The Court expects debtors and counsel to be familiar with and to comply with Subchapter V, as well as with the other relevant provisions of the Bankruptcy Code, the Federal Rules of Bankruptcy Procedure, and Bankruptcy Local Rules.

After holding a status conference required by 11 U.S.C. § 1188(a), the court will issue an Order After Status Conference Establishing Confirmation Procedures (“Order After Status Conference”).  The deadlines and procedures in the Order After Status Conference will be discussed at the status conference.  As set forth in detail in the Order After Status Conference, the court will hold a Plan Review Conference after the filing and serving of a plan but before the confirmation hearing.  The purpose of the Plan Review Conference is to consider the form of the plan and whether it contains the mandatory provisions required by the Bankruptcy Code.  The use of the District’s Plan of Reorganization for Small Business Debtor Under Chapter 11, Subchapter V form plan is mandatory.  If the plan contains all the necessary information required by the Bankruptcy Code and contains no material typographical and mathematical errors, the court will set a confirmation hearing and related deadlines at the Plan Review Conference.  If debtor files a plan prior to the status conference and wants the Plan Review Conference to be held at the same time as the Status Conference, please contact the Courtroom Deputy immediately following the filing of the plan.  Debtors should not notice a confirmation hearing prior to the Plan Review Conference, and any such hearings will be dropped by the court.