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Instructions And Information For Pretrial Scheduling Memorandum Form. This is a North Carolina form and can be use in USBC Middle Federal.
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
MEMORANDUM
TO:
Parties to Below Referenced Adversary Proceeding
FROM:
Bankruptcy Clerks Office
RE:
Instructions and Information for Pretrial Scheduling
Memorandum
DATE:
ADVERSARY PROCEEDING NUMBER:
ADVERSARY PROCEEDING NAME:
=========================================================================
In accordance with Rule 26(f) of the Federal Rules of Civil Procedure and Bankruptcy Rule
7026, this Court requires that the parties to an adversary proceeding meet on or before
. At such meeting, the parties are required to discuss the items described in Federal Rule 26(f).
If the parties agree on a discovery plan, they must sign and file a Joint Scheduling
Memorandum with the Court within 10 days after the previously described scheduling meeting. The
parties must also prepare and attach to the memorandum a separate Scheduling Order. The
Scheduling Order should set out a specific date that all final pre-trial disclosures shall be filed with
the Court and served on the opposing counsel. In the event the Court signs the Scheduling Order, the
initial pretrial hearing will be canceled. **Please Note: The Scheduling Order format has changed
effective April 16, 2007. Please review the new information contained in Paragraph 4.
If all matters in the Scheduling Memorandum are not agreed to by all parties, a separate
Scheduling Memorandum must be filed by each party within 10 days of the scheduling meeting.
Absent notification to the contrary, the Court will conduct the initial pretrial hearing when separate
Scheduling Memorandums are filed.
IN ANY EVENT, THE SCHEDULING MEMORANDUM(S) SHALL BE FILED NO
LATER THAN
, WHICH IS FOUR DAYS PRIOR TO THE SCHEDULED
PRETRIAL HEARING.
If a party files a request for additional time to file an answer, the request shall be accompanied
by an Order, which addresses the scheduling of a pretrial hearing and the time for filing a Scheduling
Memorandum. Attached is an example of such an Order.
A copy of this memorandum (with attached Joint Scheduling Memorandum, Scheduling Order
and Scheduling Memorandum) shall be served with the summons and complaint by the plaintiff upon
each defendant.
Attachments: Joint Scheduling Memorandum
Scheduling Order
Scheduling Memorandum
Order Extending Time
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
IN RE:
)
)
)
Debtor(s)
)
____________________________________)
)
)
Plaintiff(s),
)
)
v.
)
)
)
Defendant(s).
)
)
Case No.
Adversary No.
JOINT SCHEDULING MEMORANDUM
A.
The Rule 26(f) meeting of the parties in this adversary proceeding was held on
___________________.
B.
The following were in attendance:
(1)________________, attorney for ________________
(2)________________, attorney for ________________
(3)________________, attorney for ________________
(4)____________________________________________.
C.
The following matters and time limits were covered during the meeting:
(1)
__________________, as the last day for filing motions to amend;
(2)
__________________, as the last day for filing motions to join other parties;
(3)
completed;
___________________, as the date within which discovery (general and expert), must be
(4)
Initial disclosure of experts who may be used at trial to present evidence and the written
reports of experts described in Rule 26(a)(2)(B) shall be due as follows:
From the plaintiff(s) by _____________________________
From the defendant(s) by _____________________________.
(5)
Pursuant to Rule 26(a)(2)(C), disclosures regarding rebuttal expert witnesses and evidence
intended solely to contradict or rebut evidence on the same subject matter identified by another party under
Rule 26(a)(2)(B) shall be due within 30 days after the disclosure made by the other party.
(6)
_________________, as the last day for filing dispositive motions and supporting materials,
including affidavits and supporting briefs.
(7)
_________________, as the last day for filing and serving the final pre-trial disclosures
required by Rule 26(a)(3).
(8)
The final pre-trial disclosures shall include:
(a)
a statement of the contested issues remaining for trial;
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(b)
identity of all witnesses who may be called at trial;
(c)
a concise summary of the testimony which each witness is expected to present;
(d)
deposition;
a designation of witnesses whose testimony is expected to be presented by means of
(e)
identifications of all exhibits which may be offered at trial, with a copy of each exhibit
attached to the disclosure form which is filed with the court;
(f)
a statement of all objections to exhibits, depositions and witnesses identified by the
opposing party which shall be filed and served within 10 days after service of the pre-trial disclosures of
the opposing party; and
(g)
whether a separate final pre-trial conference is requested before this adversary proceeding
is scheduled for trial.
D.
Statement regarding core/non-core matters:
____ (a) All contested issues in this proceeding are core matters, on which the bankruptcy court
may enter final judgment.
____ (b) All contested issues in this proceeding are non-core matters, and the parties hereby state
that the bankruptcy court ____ has their consent ____ does not have their consent to enter final judgment.
____ (c) The contested issues in this proceeding include core and non-core matters as follows:
___________________________________________________________________________________
___________________________________________________________________________________
____________________________________________. As to those matters that are non-core, the
bankruptcy court ____ has the parties’s consent ____ does not have the parties’ consent to enter final
judgment.
____ (d) (Understanding that the distinction is of importance only if consent to bankruptcy court’s
entry of final judgment is not provided) the parties disagree as to the core or non-core nature of the matters
within this action as follows:____________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________.
E.
Requests for jury trial:
____ (a) Neither party seeks a jury trial.
____ (b) The Plaintiff demands a jury trial.
____ (c) The Defendant demands a jury trial.
____ (d) The parties ____ agree ____ disagree regarding jury entitlement.
____ (e) If a right to jury trial exists, the parties ____ consent ____ do not consent to a jury trial
in the bankruptcy court.
This ______ day of _______________, 200___.
Signed:______________________
Attorney for ________________
Signed:______________________
Attorney for ________________
Signed:______________________
Attorney for ________________
Signed: _____________________
Attorney for ________________
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
IN RE:
Debtor
Plaintiff
vs.
Defendant
)
) Case Number:
)
)
)
)
)
) Adversary Number:
)
)
SCHEDULING ORDER
It appearing to the court that the parties have conferred and submitted a scheduling memorandum
in accordance with Federal Rule 26(f) and Bankruptcy Rule 7026 and that this scheduling order be entered
at this time without the parties appearing in court for a pre-trial/scheduling conference.
Now, therefore, it is ORDERED as follows:
1.
The time limits set forth in the joint scheduling memorandum are approved and shall be
binding upon the parties;
, 200 , is cancelled; and
2.
The initial pre-trial conference scheduled for
3.
All final pre-trial disclosures shall be filed with the Court and served on the opposing
counsel by the
day of
, 200 , unless a dispositive motion is filed in which case
the final pre-trial disclosures shall be filed within 20 days of the entry of the Order ruling
on the dispositive motion.
4.
The defendant shall have 30 days from the date of this Order within which to file a brief
or legal memorandum in support of its defenses asserting insufficiency of process,
insufficiency of service of process and failure to state claims for relief. If the defendant
files a brief or legal memorandum in support of such defenses, the plaintiffs shall have 60
days from the date of this Order within which to file a brief or legal memorandum in
opposition to the defendant’s brief or legal memorandum. If the defendant does not file a
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supporting brief or legal memorandum on or before 30 days from the date of this Order,
defendant shall be deemed to have abandoned the foregoing defenses and an order
overruling and denying such defenses shall be entered.
This
day of
, 200 .
BANKRUPTCY JUDGE
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
IN RE:
)
)
)
Debtor.
)
____________________________________)
)
)
Plaintiff,
)
)
v.
)
)
)
Defendant.
)
)
Case No.
Adversary No.
SCHEDULING MEMORANDUM
A.
The Rule 26(f) meeting of the parties in this adversary proceeding was held on
__________________________________.
B.
The following were in attendance:
(1)________________, attorney for ________________
(2)________________, attorney for ________________
(3)________________, attorney for ________________
(4)____________________________________________.
C.
The undersigned proposes the following discovery plan:
(1) __________________, as the last day for filing motions to amend;
(2) __________________, as the last day for filing motions to join other parties;
(3)___________________, as the date within which discovery (general and expert), must be
completed;
(4)Initial disclosure of experts who may be used at trial to present evidence and the written reports
of experts described in Rule 26(a)(2)(B) shall be due as follows:
From the Plaintiff(s) by _____________________________
From the Defendant(s) by _____________________________.
(5)
Pursuant to Rule 26(a)(2)©, disclosures regarding rebuttal expert witnesses and evidence
intended solely to contradict or rebut evidence on the same subject matter identified by another party under
Rule 26(a)(2)(B) shall be due within 30 days after the disclosure made by the other party.
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(6)_________________, as the last day for filing dispositive motions and supporting materials,
including affidavits and supporting briefs.
(7) ________________, as the last day for filing and serving the final pre-trial disclosures required
by Rule 26(a)(3).
(8) The final pre-trial disclosures shall include:
(a) a statement of the contested issues remaining for trial;
(b) identity of all witnesses who may be called at trial;
© a concise summary of the testimony which each witness is expected to present;
(d) a designation of witnesses whose testimony is expected to be presented by means of deposition;
(e) identifications of all exhibits which may be offered at trial, with a copy of each exhibit attached
to the disclosure form which is filed with the court;
(f) a statement of all objections to exhibits, depositions and witnesses identified by the opposing
party which shall be filed and served within 10 days after service of the pre-trial disclosures of the
opposing party; and
(g) whether a separate final pre-trial conference is requested before this adversary proceeding is
scheduled for trial.
D. Statement regarding core/non-core matters:
____ (a) All contested issues in this proceeding are core matters, on which the bankruptcy court
may enter final judgment.
____ (b) All contested issues in this proceeding are non-core matters, and the party submitting this
memorandum ____ does consent ____ does not consent to the bankruptcy court entering final judgment.
____ (c) The contested issues in this proceeding include core and non-core matters as follows:
___________________________________________________________________________________
___________________________________________________________________________________
____________________________________________. As to those matters that are non-core, the
bankruptcy court ____ has the consent ____ does not have the consent of the party submitting this
memorandum to enter final judgment.
____ (d) (Understanding that the distinction is of importance only if consent to bankruptcy court’s
entry of final judgment is not provided) the parties disagree as to the core or non-core nature of the matters
within this action as follows:____________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________.
E. Requests for jury trial:
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____ (a) A jury trial is requested.
____ (b) A jury trial is not requested.
____ (c) If a jury trial is requested, the party submitting this memorandum ____ does consent ____
does not consent to a jury trial in the bankruptcy court.
This ______ day of _______________, 200___.
Signed:_____________________
Attorney for _________________
Signed:______________________
Attorney for __________________
Signed:______________________
Attorney for __________________
Signed: ____________________
Attorney for _________________
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
IN RE:
Debtor
Plaintiff
vs.
Defendant
)
) Case Number:
)
)
)
) Adversary Number:
)
)
ORDER EXTENDING TIME
This matter coming before the undersigned Judge upon the Defendant's ex parte application
to extend the time to file an answer.
For cause shown in the foregoing application, it is ORDERED that the Defendant be
allowed an additional thirty days from the date of the signing of this ORDER to file an answer or
otherwise plead.
IT IS FURTHER ORDERED that the parties shall file a Scheduling Memorandum with
.
the Court on or before
IT IS FURTHER ORDERED that if the parties agree on a discovery plan, they must sign
and file with the Court a Joint Scheduling Memorandum on such date along with a proposed Joint
Scheduling Order.
In the event that a Joint Scheduling Memorandum has not been approved, a pretrial hearing
at
in
will be held on
.
This the
day of
200 .
BANKRUPTCY JUDGE
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
MEMORANDUM
TO:
ATTORNEY FOR PLAINTIFF
FROM:
CLERKS OFFICE, U. S. BANKRUPTCY COURT
RE:
ADVERSARY PROCEEDING INFORMATION
(Service of Summons and Complaint)
Attached hereto is a copy of the Summons and Notice of Pretrial Conference which has
been prepared for the Complaint you filed. It is the responsibility of the Attorney for the
plaintiff to serve a copy of the Summons (which also contains the notice of pretrial) and a copy
of the Complaint on each defendant named in the complaint (copies must conform to the
original). You may do this by the following methods:
1.
First Class Mail - this is the most frequently used type of service. A copy of the
summons - notice and a copy of the complaint would be mailed first class with postage
prepaid to the defendant's usual dwelling house or place where he regularly conducts his
business or profession.
2.
Personal Service - This means that a copy of the summons - notice and a copy of the
complaint are personally handed to the defendant. This type of service may be made by
any person at least 18 years old who is not a party to the action. Sometimes, the attorney
will request that the sheriff, U.S. Marshal, a private process server, secretary or paralegal
perform this service.
3.
Publication - this is the least common type of service and may be used only with
authority of the Court. (See Bankruptcy Rule 7004©.)
TIME LIMIT FOR SERVICE. The Summons must be served within ten (10) days from the
date of the issuance of the Summons unless a shorter time period is required by the Court. This
would occur if the time for answering the complaint is shortened by the Court (less than 30 days
from the date of issuance of the Summons). In that event, the Court would like you to serve the
Summons as soon as possible - or at least within three (3) days.
If the Summons is not served within the proper time, it will be necessary to contact the Court and
a new Summons will need to be prepared.
CERTIFICATE OF SERVICE. After the Summons and Complaint have been served on the
Defendants, you must file a certificate of service with the Court. This may be done by
completing the back of the of the Summons form and filing same with the Court. This certificate
of service must be filed promptly after the defendants have been served.
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
MEMORANDUM
TO:
ATTORNEY FOR PLAINTIFF
FROM:
CLERK, U. S. BANKRUPTCY COURT
RE:
SERVICE OF MEMORANDUM TO PARTIES TO ADVERSARY
PROCEEDING
Attached hereto is a Memorandum from the Clerks Office directed to the parties to the
adversary proceeding. At the time that you serve the Summons and Notice of Pretrial in the
proceeding, please serve the attached Memorandum to the parties. This Memorandum is to alert
all parties in the adversary proceeding of the need for formally requesting that their names be
placed on the bankruptcy case matrix if they desire to receive future notices in the bankruptcy
case.
Should you have any questions regarding this matter, please do not hesitate to contact the
Clerks Office.
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UNITED STATES BANKRUPTCY COURT
MIDDLE DISTRICT OF NORTH CAROLINA
MEMORANDUM
TO:
PARTIES IN ADVERSARY PROCEEDING
FROM:
CLERK, U. S. BANKRUPTCY COURT
RE:
PROCEDURE FOR INCLUSION OF NAME ON CASE MATRIX
By being a party in an adversary proceeding, you may be interested in having your
name(or that of your attorney) placed on the bankruptcy case matrix in order that you can be
informed of the various hearings scheduled in the case itself. Because adversary proceedings are
filed and maintained separately from the bankruptcy cases, parties in an adversary proceeding
are not automatically added to the bankruptcy case matrix. If you do desire that your name and
address be added to the case matrix, you may send the Court a letter requesting this action. If
your attorney desires to placed on the case matrix, he would file a Notice of Appearance in the
case with the Court.
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