The United States District Court remains open but subject to significant restrictions.  On April 24, 2020, the Chief Judge entered an order that extended certain deadlines, hearings, and trials. This is the third order entered during the CORONAVIRUS COVID-19 PUBLIC EMERGENCY.  The following is a summary of the third order:

  1. This Court remains open and accessible, subject to the limitations and procedures set forth below.
  2. In the courts prior 2 orders, all deadlines, in all civil cases and Executive Committee matters, whether set by the court, the Federal Rules of Civil Procedure, or the Local Rules were extended by 21 days and 28 days, respectively. The Third Order extends all deadlines in civil cases and Executive Committee matters by an additional 28 days – or a total of 77 days.
  3. The Third Order does not affect the rights to or deadlines concerning any appeal from any decision of this Court in a civil case. That is, the deadlines for filing a notice of appeal in a civil case remained in place and had to be followed to preserve appellate rights. The Court invited parties to move under Appellate Rule 4(a)(5)(A) for an extension of time to appeal. If a timely extension motion is filed, then the Court deems that good cause exists for the extension given the public health emergency. Parties should note that any extensions of the appeal deadlines in civil cases are subject to the limits imposed by Appellate Rule 4(a)(5)(C), and that the Court cannot grant a second extension under Appellate Rule 4(a)(5).
  4. The Third Order does not grant an extension of any deadlines imposed by Civil Rules 50(b) or (d), 52(b), 59(b), (d), or (e), or 60(b). See Fed. R. Civ. P. 6(b)(2).
  5. The presiding judge in any civil case, on the judge’s own motion or on a party’s motion, extend, shorten, or revoke the 28-day extension granted by the Third Order.
  6. Civil case hearings, bench trials, and settlement conferences scheduled for on or before May 29, 2020 are stricken, to be re-set by the presiding judge to a date on or after June 1, 2020. Any party may request, by motion to the assigned judge, that a telephonic hearing or settlement conference (by remote means) be conducted prior to May 29, 2020. Any such request shall specify the need and time urgency for the telephonic hearing or conference. This exception is not intended to invite requests for routine status hearings.
  7. Civil jury trials scheduled for on or before June 26, 2020 are stricken, to be re-set by the presiding judge to a date on or after June 29, 2020.
  8. In any civil case (other than Social Security disability appeals, cases involving an unrepresented person in custody, and Multi-District Litigation tag-alongs) where no docket entry or order has been posted by the assigned judge since March 16, 2020, the parties shall file a joint written status report by May 18, 2020.

If you need representation in a Chapter 13 bankruptcy case call the attorneys at Greg Stern