Except as set forth below, parties may appear in person, by telephone, or by videoconference for hearings to be heard by Judge Mazer-Marino.

Exceptions:

1. The Chapter 13 confirmation calendars will be conducted primarily by videoconference.

   The Chapter 13 confirmation calendar includes hearings and objections to Chapter 13 plans, motions to approve modifications to Chapter 13 plans, and motions to dismiss Chapter 13 cases. Parties may appear in person or by telephone for the Chapter 13 confirmation calendar without obtaining prior permission from the Court.

2. First Day Hearings

   Parties may appear for first day hearings in chapter 11 cases in person or by videoconference. Parties may appear by telephone with prior permission from the Court.

3. Loss mitigation calendars will be conducted primarily by videoconference.

   The loss mitigation calendar includes status conferences on loss mitigation and hearings on objections to loss mitigation, motions for relief from stay that have a loss mitigation status hearing, and motions to approve loan modifications in cases in loss mitigation. Parties may not opt to appear in person without obtaining prior permission from the Court.

4. Trials and Evidentiary Hearings will be conducted exclusively in-person.

The General Public, Including the Press

Any member of the public, including members of the media, may attend any hearing in person. Additionally, the public, including members of the media, may listen to hearings that do not involve witness testimony by telephone. Any member of the public or media wishing to listen by telephone to proceedings that do not involve witness testimony must request permission from the courtroom deputy by email at JMM_Hearings@nyeb.uscourts.gov at least 48 hours prior to the hearing.

Etiquette for Appearing by Telephone or Videoconference

Appearing by telephone or videoconference is an appearance in Court. You should dress professionally and join the conference from a quiet, private location. You should avoid joining from a car. Telephonic and videoconference appearances are a privilege. The Court may revoke that privilege if the rules are not followed. Further, the Court may require in person appearances if a party or counsel is unwilling or unable to participate effectively by telephone or videoconference.

Please follow these guidelines when appearing by telephone or videoconference:

1. Join your hearing at the scheduled time to avoid missing the call of your case.
2. Several matters may be scheduled for the same calendar. Please wait with your telephone and/or computer on mute until your case is called.
3. If appearing by videoconference, please use your first and last name as your screen name.
4. If you are not speaking, keep your telephone and/or computer on mute. Press *6 to mute and unmute the audio.
5. Test your equipment in advance, including the microphone on your computer. If possible, have a telephone handy to join the hearing in case the sound on your computer is unacceptable.
6. State your name before speaking, every time you speak.
7. Speak up and speak clearly.
8. Avoid using a speaker telephone.

Telephonic and video appearances are a privilege. The Court may revoke that privilege if the rules are not followed. Further, the Court may require in person appearances if a party or counsel is unwilling or unable to participate effectively by telephone or video.

Failure to Appear

If a party does not timely connect for a video appearance or appear in time for an in-person hearing, the hearing may proceed in their absence. If the movant does not appear, the matter may be denied for failure to appear.

Regardless of whether a hearing is by telephone, videoconference, or in person, all hearing participants must register with eCourt Appearances in advance of every appearance. eCourt Appearances registration is required by attorneys and non-attorneys.

The general public, including the press, are not required or permitted to register for hearings through eCourt Appearances. The eCourt Appearances platform is for use exclusively by parties and their professionals.

CM/ECF accounts are not necessary for eCourt Appearances. Attorneys with a CM/ECF account may find the program under the “Utilities” menu after logging on to CM/ECF.

To register for eCourt Appearances and for more information on eCourt Appearances, including a tutorial, click here.

Once registered, eCourt Appearances will email you the telephone number, video link, and courtroom address for your hearing. You may register for hearings weeks in advance, but the telephone number and video link will not be sent to you until 48 hours before the hearing date. Those registering with eCourt Appearances for hearings less than 48 hours in advance should allow up to 15 minutes after registration to receive the email with the hearing information. SHARING VIDEO LINKS OR DIAL-IN NUMBERS WITH THOSE WHO HAVE NOT REGISTERED WITH eCOURT APPREARANCES IS PROHIBITTED. THE COURT WILL TERMINATE THE VIDEO AND AUDIO CONNECTION OF THOSE WHO JOIN A HEARING WITHOUT PRIOR REGISTRATION WITH eCOURT APPEARANCES.

Those unable to access eCourt Appearances must email Judge Mazer-Marino’s Courtroom Deputy at: JMM_Hearings@nyeb.uscourts.gov at least two (2) business days prior to the hearing. Your email must include your name, the case number, who you represent (if you are an attorney), hearing date, and telephone number.

All papers in opposition to the Chapter 13 Trustee’s motion to dismiss must be filed and transmitted so as to be received by the Chapter 13 Trustee at least 72 hours in advance of the scheduled hearing. Where the motion to dismiss is based on failure to provide documents to the Chapter 13 Trustee as required by E.D.N.Y. LBR 2003-1, or as requested at the 341 meeting, such documents also must be transmitted so as to be received by the Chapter 13 Trustee at least 72 hours in advance of the scheduled hearing.

Documents filed on the docket or transmitted to the Chapter 13 Trustee less than 72 hours before a hearing will not be considered at the hearing. Documents filed on the docket or transmitted to the Chapter 13 Trustee less than 72 hours before the hearing on the Chapter 13 Trustee’s motion to dismiss will not be grounds to deny or adjourn the motion unless a written request for an extension of time to oppose the motion is granted by the Court before the objection deadline. Any request for such extension must be filed on the docket, emailed to JMM_Hearings@nyeb.uscourts.gov, and served on the Chapter 13 Trustee.

Loss mitigation status conferences in Chapter 7 and Chapter 13 cases are usually heard on the first Tuesday of each month at 9:30 a.m. At the 9:30 a.m. calendar call, the parties are to conference with the Judge’s Courtroom Deputy and Law Clerk. Matters that cannot be resolved at the 9:30 a.m. conference will be moved to 1:00 p.m. to be heard by Judge Mazer-Marino.

Status reports must be filed the Thursday prior to the status conference.

Loss mitigation status conferences in Chapter 11 cases are heard as part of Judge Mazer-Marino’s regular Chapter 11 calendar

The Court appreciates the efforts of attorneys who are representing clients on a pro bono basis and invites them to contact Chambers if they would like their matters to be called at the beginning of the calendar. Chambers will make every reasonable effort to accommodate such requests.

In appropriate circumstances, the Court may conditionally approve a disclosure statement and schedule a combined hearing on final approval of the disclosure statement and Chapter 11 plan confirmation. Additionally, the Court may authorize a plan proponent to use a joint plan and disclosure statement.

Requests for conditional approval of a disclosure statement or approval of a joint plan and disclosure statement must be made by motion pursuant to Rules 9006-1 and 9013-1 of the Local Bankruptcy Rules for the Eastern District of New York. The Court will not entertain those requests ex parte.

If a motion has been filed, appropriate notice has been given, and no objection, responsive pleading, or request for adjournment respecting the motion has been filed or received by the movant within twenty-four (24) hours after the objection deadline, the movant may file a certificate of no objection (“CNO”). A copy of the CNO must also be emailed to JMM_Hearings@nyeb.uscourts.gov.

The CNO must include a representation that (i) the motion was filed and served timely, and (ii) no objection, responsive pleading, or request for adjournment respecting the motion has been filed on the docket or received by the movant.

Upon receipt of the CNO, the Court may enter the order granting the motion without a hearing; provided the form of order was served with the motion and the proposed order is uploaded to CM/ECF E-Orders. Once the order is entered, the hearing scheduled on the motion will be cancelled without further notice.

If the order is not entered by 4:30 p.m. on the business day prior to the scheduled hearing date, the Court will hold the scheduled hearing. Please note, the Court will not cancel a hearing, notwithstanding a timely filed CNO, if the relief affects an individual that is not represented by counsel, the motion includes a request for relief from the automatic stay, or a hearing is required under the Bankruptcy Code or Bankruptcy Rules.

Pursuant to Local Rule 7007-1, discovery motions may not be filed until the parties have (i) conferred to attempt to resolve the dispute and (ii) requested a discovery conference with the Court which was either denied or which conference did not resolve the dispute. Parties should contact Chambers by email at JMM_Hearings@nyeb.uscourts.gov to request a discovery conference, which may be telephonic.

Before any request for a conference on a discovery issue, the party requesting the conference is required to make a good faith effort to resolve the dispute with opposing counsel consistent with Local Rule 7007-1. If a conference is requested, the party requesting the conference must submit a writing of not more than two pages in length to the Court on notice to counsel for all affected parties, including opposing counsel, explaining why there is a need for a conference on a discovery issue. Opposing counsel may respond with a letter not more than two pages in length within 24 hours after the filing of the letter requesting a conference.

Parties may contact Chambers by telephone and/or email to the courtroom deputy at JMM_Hearings@nyeb.uscourts.gov regarding disputes that arise during depositions or in other situations requiring immediate judicial attention. Parties should attempt to avoid the need for such applications and must make a good faith effort to resolve a dispute before contacting Chambers.

Unless ordered otherwise, briefs and motions with embedded argument and citations shall be submitted in text searchable format and, if 10 pages or longer, shall include a table of contents, headings, and a table of authorities.

Judge Mazer-Maino will entertain motions by notice of presentment to the extent permitted by the Bankruptcy Code and the Bankruptcy Rules, and in accordance with E.D.N.Y. Local Bankruptcy Rule 2002-1, with the exception of motions for stay relief in any case filed under any chapter of the Bankruptcy Code.

Judge Mazer-Marino does not require chambers copies of documents filed on the docket.

A hearing on an emergency motion, application for an order to show cause, or an application for a hearing on shortened or limited notice must be filed on the docket of the main case or adversary proceeding and must comply with E.D.N.Y. Local Bankruptcy Rule 9077-1. Immediately after docketing the motion or application, the movant must email the motion to Judge Mazer-Marino’s courtroom deputy at JMM_Hearings@nyeb.uscourts.gov. The subject line of the email must indicate that the party is seeking expedited relief. The body of the email should suggest potential hearing dates. A proposed order scheduling hearing in WORD should be attached to the email.

Injunctive relief, including temporary restraining orders, will not ordinarily be granted without the party against whom relief is sought being given an opportunity to respond.

• Requests for adjournments must be made 48 hours in advance of the hearing.
• Requests for adjournments must be made by email to the JMM_Hearings@nyeb.uscourts.gov. Telephonic requests and requests sent to other email addresses will be denied.
• Do not follow up on your request for an adjournment by telephone or email unless you have not received a response and one full business day (24 hours) has elapsed. If you do, your request for adjournment will be denied.
• Requests for adjournment must include the following information. Feel free to copy and paste this chart into your email: