4. Calendaring Matters

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Please refer to Judge Porter’s Open Calendar Procedure and Open Calendar Dates, available on the court’s website.

A.General Calendaring

The Court utilizes an Open Calendar Procedure for most regularly noticed hearings.  Details are available Judge Porter’s Open Calendar Procedure.  For hearings that are not shown on the Open Calendar Procedure or for questions about the Open Calendar Procedures, contact Courtroom Deputy Ms. Ruby Bautista [(510) 879-3529; Ruby_Bautista@canb.uscourts.gov].

When noticing and participating in hearings, all parties, counsel, and other interested parties shall comply with Judge Porter’s Procedures for Noticing and Conducting Hearings.

B.Expedited Matters

A party seeking an order shortening time must comply with BLR 9006-1, particularly 9006-1(c).  If a request is made by motion, a party must file an application for an order shortening time that complies with Rule 9006(c) and BLR 9006-1, together with a copy of the moving papers.  The application should include a declaration describing the movant’s efforts to obtain the consent of the opposing party to shorten time, and it should indicate a suggested hearing schedule, opposing party’s position on the suggested hearing schedule, and the movant's proposal for providing notice to affected parties.

Judge Porter does not require an order shortening time on a motion for interim authority to use cash collateral or to obtain credit.  See FRBP 4001(b)(2) and (c)(2).  She also does not require orders shortening time for “first day” motions filed with or immediately after a Chapter 11 petition.

To obtain a date and time for a hearing on shortened time outside the available dates posted on the Open Calendar, for the initial hearing on a motion to use cash collateral or obtain credit or a Chapter 11 first day motion, counsel should contact Courtroom Deputy Ms. Ruby Bautista [(510) 879-3529; Ruby_Bautista@canb.uscourts.gov].

The movant should upload an order that (a) sets the date and time of the hearing, (b) establishes requirements for notice to affected parties, and (c) indicates how opposition to the motion should be made.  Written opposition to a motion made on shortened time generally is not required to be filed prior to the first hearing, and a party generally may appear at the hearing to oppose the motion orally.  If shortening time is merited and entry of an order is appropriate, the Court will issue an order.

C.Temporary Restraining Orders (“TROs”)

Requests for temporary restraining orders will only be calendared after an adversary complaint has been filed.  The request for TRO should include a declaration attesting that the moving party has given notice to, and served the moving papers upon, opposing parties at least 72 hours in advance of the hearing.  Alternatively, the movant should submit a declaration describing the movant’s efforts to accomplish such notice and service, and why those efforts were unsuccessful.  No order shortening time is necessary.  To obtain a date and time for a hearing on a request for a TRO, counsel should contact Courtroom Deputy Ms. Ruby Bautista [(510) 879-3529; Ruby_Bautista@canb.uscourts.gov].