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Judge's Procedures: Judge Redfield T Baum (recalled)
Information to schedule a hearing in Prescott, AZ

EFFECTIVE IMMEDIATELY - ELECTRONIC EXHIBITS WILL BE MANDATORY  IN PHOENIX

Please see below section on exhibits for further information!

TELEPHONIC INFORMATION FOR PHOENIX

In order to appear telephonically before Judge Baum in Phoenix, please call 602-682-4198 a few minutes prior to the hearing. That is our courtroom's conference line. No one answers the phone and there is no music - just dead air. Other parties may be on the phone. If so, you will be able to hear one another. Just before Judge Baum takes the bench, the call will be placed on the PA system and the calendar will be called just as if you're in the courtroom. We request that the parties not be on speaker phone, as it makes it difficult to hear. Please contact Lorraine Davis at rtbecfhearing@azb.uscourts.gov or by phone at 602-682-4188 to advise her of your appearance by phone.

PRESCOTT NEWS

Beginning in February, 2013 Judge Sarah Sharer Curley will be presiding over the Prescott calendar. Judge Baum has decided to end his travel to Prescott and will be handing the gavel over to Judge Curley as of February 25, 2013. Please note that the hearing location will remain the same: U.S. Post Office Building C, 101 W. Goodwin Street, 2nd Floor, Prescott, Arizona 86303. Please see Judge Curley's procedure page by going to the court's website at www.azb.uscourts.gov, select Judges' Procedures and then Judge Curley. You may contact Wanda Garberick at sscecfhearing@azb.uscourts.gov, or at 602-682-4148 for specific information on requesting/setting hearings, telephonic hearings, or video conference appearance beginning with the February 2013 calendar.

The January 18th 2013 date before Judge Baum is now blocked.  Further hearings should be calendared before Judge Curley.


NORTHERN ARIZONA HEARING DATES & TELEPHONIC INFORMATION

Please contact Lorraine Davis at rtbecfhearing@azb.uscourts.gov or by phone at 602-682-4188 to advise her of your appearance by phone.  You may also appear by video conference by going to the Phoenix Courthouse, 3rd Floor Courtroom.  The call in number for the Northern Arizona hearings will be posted 7-10 days prior to the hearing date.

The telephonic hearings for the northern Arizona calendar will be closely monitored. Anyone interupting the proceedings with any background noise will be disconnected immediately and will not be permitted to appear telephonically in the future. Please DO NOT place the call on speaker phone unless you are able to mute your phone. Once your hearing is called, unmute your phone and take the court off speaker. Being on speaker phone causes issues with the telephonic calls which could result in your call being disconnected. Also, DO NOT place the call on hold. This will cause the immediate termination of the call. There is also concern regarding the use of cell phones and the impact on the quality of the call. Therefore, if at all possible, please call in on a land line.

NORTHERN ARIZONA HEARING DATES

Hearing dates for the January Prescott calendar are now blocked.  The call in number to appear by phone is 602-682-4003 -

    COMPLIANCE WITH LOCAL RULES

    Counsel are expected to comply with all applicable local rules. Particular attention should be paid to Local Rules 1015-1(a) requiring motions for joint administration to be filed in the lower-numbered case, 4001-1 governing motions for relief from stay, 6004-1 governing asset sales, 9004-1(f) requiring hearing dates and times to be included in captions when known, 9013-1(d) requiring a form of order to accompany a motion that may be granted ex parte, 9013-1(h) governing procedures for obtaining accelerated hearings, and 9013-1(j) requiring a notice of hearing to accompany any motion that requires a hearing. Any party requesting an expedited hearing is expected to comply fully with all applicable requirements of the Bankruptcy Code, Bankruptcy Rules and the Local Rules before an expedited or accelerated hearing will be set by the Court.

    ATTORNEYS FEES FOR LIEN AVOIDANCE

    For any uncontested motion or adversary proceeding to avoid a junior lien, the maximum flat fee is $500.

    BAR DATE/NEGATIVE NOTICE

    In addition to the bar date procedures established by the Local Rules, unless the Court orders otherwise, the moving party may use a twenty (20) day bar date notice for all:

    • 363 sales other than real property (and other than pursuant to Code §363(h);
    • approvals of compromises and settlements pursuant to Bank Rule 9019;
    • Debtor's objection to claims - all chapters
    • applications for professional fees
    • objections to exemptions claimed by debtor

    The party using the negative notice/bar date procedure must give detailed notice of the proposed motion or application and clearly state the requirement to respond within the time allowed. The moving party must mail the notice to all creditors and parties in interest. Upon expiration of the time stated, plus an additional three days for mailing, provided there are no objections filed, the moving party may file a certificate of service and of no objection and lodge an appropriate order granting the relief requested. The lodged order should conform to the relief requested in the motion or application. Please upload lodged orders via ECF.

    In the alternative, and particularly if an objection is anticipated, or if an objection to the motion or application is filed, the MOVANT is responsible for obtaining a hearing date by e-mailing your request to rtbecfhearing@azb.uscourts.gov. Upon receipt of the hearing date, the movant shall prepare and give notice to the appropriate parties and file a certificate of mailing with the Clerk of Court. Be sure to email a copy of the ecf filing receipt for the notice of hearing to Lorraine Davis at rtbecfhearing@azb.uscourts.gov in order for your hearing to be properly calendared. Failure to do so will result in your matter being left off calendar and the hearing being rescheduled to another date.

    PROCEDURES FOR OBTAINING AND NOTICING THE FOLLOWING MATTERS:

    (The appearance of the following entities in any contested matter before this court requires this court to enter an order of recusal as to that contested matter: Citigroup, Motorola, General Electric, Bank of New York. Please email Lorraine Davis at rtbecfhearing@azb.uscourts.gov so that a recusal order may be entered)

    Preliminary Hearings and Rule 16 Scheduling Conferences

    1. Once an objection is filed to a Motion for Relief from Stay, the moving party should obtain a date for the setting of a Preliminary Hearing.
      1. Go to the Court’s website at www.azb.uscourts.gov.
      2. Go to Judges' Information, select Procedures and then Judge Baum.
      3. Select a hearing date and time from the appropriate section.  Using the CHS Hearing Date Look-Up (link below)
      4. Download the PDF order for procedures in stay relief matters.
    2. Once an answer is filed to an adversary complaint, the plaintiff should obtain a date for the setting of a Rule 16 Scheduling Conference.
      1. Go to the Court’s website at www.azb.uscourts.gov.
      2. Go to Judges' Information, select Procedures and then Judge Baum.
      3. Select a hearing date and time from the appropriate section.  Using the CHS Hearing Date Look-Up (link below)
      4. Download the PDF order for procedures in adversary matters.
    3. Prepare a notice of preliminary hearing or notice of rule 16 scheduling conference and attach the procedural order to the notice of hearing. A copy of the Procedures Order MUST be attached to the notice of hearing for notice to be effective. Please include the “related to” docket number of the underlying motion under the subject of the hearing for all lift stay motions.
    4. Serve the notice of hearing with the order attached to the appropriate parties and file the notice and certificate of service via ECF.
    5. Email a copy of the ECF receipt for the notice of hearing to rtbecfhearing@azb.uscourts.gov in order for the matter to be calendared. Failure to provide the receipt will result in your matter being left off calendar and the hearing will be rescheduled.

    ORAL ARGUMENT ON MOTIONS FOR SUMMARY JUDGMENT

    1. Once a motion for summary judgment is filed, email a copy of the ecf filing receipt to Lorraine Davis at rtbecfhearing@azb.uscourts.gov.
    2. You will receive an email advising you of the date and time to set the hearing.
    3. Prepare a notice setting oral argument on the motion for summary judgment. A copy of the Procedures Order MUST be attached to the notice of hearing for notice to be effective. Please include the “related to” docket number of the motion under the subject of the hearing.
    4. Go to the Court’s website at www.azb.uscourts.gov.
      1. Go to Judges' Information, select Procedures and then Judge Baum.
      2. Download the PDF order for procedures re: motions for summary judgment and attach the order to the notice of hearing.
    5. Serve the notice of hearing with the order attached to the appropriate parties and file the notice and certificate of service via ECF.
    6. Email a copy of the ECF receipt for the notice of hearing to rtbecfhearing@azb.uscourts.gov in order for the matter to be calendared. Failure to provide the receipt will result in your matter being left off calendar and the hearing will be rescheduled.

    STATUS HEARING ON CHAPTER 11 CASES

    1. Upon the filing of a new Chapter 11 case, counsel is to email a copy of the ecf filing receipt to Lorraine Davis at rtbecfhearing@azb.uscourts.gov.
    2. You will receive an email advising you of the date and time to set a status hearing on the chapter 11 case.
    3. Prepare a notice of hearing. A copy of the Procedures Order MUST be attached to the notice of hearing for notice to be effective.
    4. Go to the Court’s website at www.azb.uscourts.gov.
      1. Go to Judges' Information, select Procedures and then Judge Baum.
      2. Download the PDF order for procedures re: chapter 11 cases and attach the order to the notice of hearing.
    5. Serve the notice of hearing with the order attached to the appropriate parties and file the notice and certificate of service via ECF.
    6. Email a copy of the ECF receipt for the notice of hearing to rtbecfhearing@azb.uscourts.gov in order for the matter to be calendared. Failure to provide the receipt will result in your matter being left off calendar and the hearing will be rescheduled.

    Motions to Dismiss Administrative Case

    Counsel may schedule a hearing on a Motion to Dismiss administrative case using the CHS Hearing Date Look-Up (link below) provided that appropriate notice of such hearing can be provided to all creditors and interested parties.

    Hearing Dates (all dates are subject to change)

    To see a list of available hearing dates for various motions please click the Hearing Dates Look-Up link below:

    IN ORDER TO HAVE YOUR HEARING CALENDARED, YOU MUST PROVIDE A COPY OF ECF FILING RECEIPT FOR THE NOTICE OF HEARING TO LORRAINE DAVIS AT LEAST ONE WEEK PRIOR TO THE HEARING. FAILURE TO DO SO WILL RESULT IN YOUR HEARING NOT BEING CALENDARED & YOU WILL HAVE TO RE-NOTICE THE MATTER. FAX OR EMAIL THE RECEIPT OF FILING THE NOTICE OF HEARING TO: FAX-602-682-4189 or rtbecfhearing@azb.uscourts.gov.

    Please note: If the parties have settled or wish to continue any hearings scheduled, the moving party may contact me by phone or email to do so without coming to the hearing.

    OBTAINING HEARING DATES FOR ALL OTHER MATTERS

    Upon the filing of all other motions/applications, counsel may contact Lorraine Davis by phone at (602) 682-4188 or by email at rtbecfhearing@azb.uscourts.gov to obtain a hearing date. The request for hearing must contain the docket number of the motion/application and subject matter. Ms. Davis will then respond with a hearing date and time to be noticed by counsel. When counsel notices the hearing a copy of the ECF filing receipt for the notice of hearing must be provided to the Courtroom Deputy for her review so she can make sure the date and time is correct. Please email the notice and filing receipt to rtbecfhearing@azb.uscourts.gov.

    EXHIBIT PROCEDURES

    IMPLEMENTATION OF MANDATORY USE OF ELECTRONIC EXHIBITS IN THE COURTROOM OF THE HONORABLE REDFIELD T. BAUM

    Beginning May 1, 2010, all exhibits presented at trial before Judge Baum are to be presented electronically. This applies to all trials held in Phoenix, Prescott or Flagstaff . This does not apply to pro se parties.

    Electronic exhibits may be presented in the following formats: CD-Rom, Audiotape, Videotape, Electronically filed documents, Power Point, or other exhibit programs, such as Sanctions or Trial Director. The Courtroom Deputy will not mark the electronic exhibit with a traditional exhibit tag. Instead, counsel and/or parties are to work together to properly mark the exhibits and to provide an electronic list of all exhibits to the Courtroom Deputy. (Sample of Exhibit list below) Please contact Lorraine Davis if you have any questions about the format. Counsel and/or parties who present electronic exhibits, are to contact Lorraine Davis at 602-682-4188 or Lorraine_Davis@azb.uscourts.gov two (2) weeks prior to the trial to schedule a time for testing.

    Those electronic exhibits in the custody of the Clerk and maintained as the official court record will be the exhibits that are presented to the Court of Appeals in the case, unless otherwise ordered. The Clerk of Court shall maintain control of the electronic exhibits in a case until the matter is finally concluded, or the time for appeal has run, unless otherwise ordered to be released by the court. The exhibits shall be stored in the same electronic format that the electronic exhibits were provided.

    Exhibit List:  Documents/ELECTRONIC_EXHIBITS.pdf

    GUIDELINES FOR DOCUMENT PRESENTATIONS

    1. Select landscape mode (horizontal format) for presentations. This format fits the document camera and monitors the best.

    2. Use simple fonts, avoid fonts that are difficult to read. Use a font size of 20 point or greater and maintain at least a ½ inch border all around.

    3. Use bright, bold colors that contrast well with light backgrounds.

    4. Use simple charts, such as pie and bar charts, that are easier to read.

    5. Provide copies of your handouts to all parties, before the hearing.

    6. To avoid constantly re-aligning and focusing, from the document camera: Staple pages together. Tape the bottom page to the document camera. Zoom and focus on first page. Simply turn the following pages when ready. If you experience a bleed through of print from other pages, just insert a blank piece of paper between each page

    7. Connection Types: VGA, S-video, composite video, HDMI, Display Port and DVI

    8. Resolution up to 1024 x 768

    9. Please refer to Local Rule 5005-1 regarding the disposal of exhibits following the final disposition of the case.

    USE OF DECLARATIONS

    Unless otherwise ordered, the direct testimony of any expert witness shall be by written declaration and the witness shall be available at the hearing for cross examination.

    JOINT PRETRIAL STATEMENT

    The following information should be included in the joint pretrial statement:

    • Short statement of the case
    • Agreed Facts
    • Disputed Facts
    • Agreed Issues of Law
    • Disputed Issues of Law
    • List of witnesses
    • List of exhibits
    • Estimate of length of trial

    TELEPHONIC APPEARANCE

    Counsel may arrange to appear telephonically by making arrangements at least 24 hours in advance with the Courtroom Deputy, Lorraine Davis at (602) 682-4188 or rtbecfhearing@azb.uscourts.gov. If parties have settled or wish to continue any hearings scheduled, the moving party may contact Lorraine Davis by phone or email to do so without coming to the hearing.

    CONTINUANCES AND RESOLUTION OF MATTERS SET FOR HEARING

    Continuances may generally be obtained by telephonic request to the Courtroom Deputy, Lorraine Davis, (602) 682-4188 or by email at rtbecfhearing@azb.uscourts.gov. When a telephonic continuance is obtained, the party requesting it shall lodge, as soon as practicable, either an order granting the continuance or a stipulation signed by the parties. The party requesting the continuance shall also file a new form of notice for the continued hearing with the date and time included. The party requesting the continuance has the obligation of notifying the opposing counsel, trustee or party. Failure to do so may result in sanctions in the appropriate circumstances.

    Parties should notify the Court promptly when a matter has been resolved so that the hearing may be taken off the Court's calendar.

    RECUSAL ORDER

    The appearance of the following entities in any contested matter before this court requires this court to enter an order of recusal as to that contested matter: Citigroup, Motorola, General Electric, Bank of New York.

    OBTAINING A TAPE, CD OR TRANSCRIPT OF A HEARING

    A party may obtain a transcript, tape or CD of a hearing by contacting the ECR department at (602) 682-4200. The cost of obtaining these items is:

    • Tape: $30.00 per tape
    • CD: $30.00 per CD

    The cost of a transcript is determined by the number of pages and whether the party requests a 1-hour, 24-hour, 7-day, 14-day or 30-day turnaround.

    DOCKETING CALLS

    Except in the case of an emergency, inquiries regarding the entry of pleadings and orders on the docket should be directed to the Bankruptcy Court Clerk's Office at (602) 682-4000. In an emergency, parties may inquire of chambers staff whether an order has been signed by calling Judicial Assistant Gloria Magana at (602) 682-4184. Calls regarding hearings should be directed to Courtroom Deputy Lorraine Davis at (602) 682-4188 or by email at rtbecfhearing@azb.uscourts.gov.

    Chambers staff will not give parties legal advice or provide status reports concerning items before the Court.

    FAX AND E-MAIL

    Where time is short, the Court will receive chambers copies of filings and permissible ex-parte communications by fax, (602) 682-4189, or by e-mail to his Courtroom Deputy, Lorraine Davis at rtbecfhearing@azb.uscourts.gov. THE COURT DOES NOT ACCEPT FOR FILING DOCUMENTS SENT DIRECTLY TO CHAMBERS VIA EITHER FAX OR EMAIL. ALL ORIGINAL DOCUMENTS TO BE FILED WITH THE COURT MUST BE FILED WITH THE CLERK OF THE BANKRUPTCY COURT before the time of the hearing, and counsel should bring a file-stamped copy to the hearing. The privilege to fax or e-mail chambers should not be abused. Counsel should ordinarily allow themselves sufficient time to submit documents through the normal process, and all faxes and e-mails should be received no later than 4:00 p.m. of the day prior to the hearing.

    Files for Download