EFFECTIVE IMMEDIATELY: For hearings before Judge Scarcella while Eastern District of New York Administrative Order No. 2020-22 et seq re: Restrictions on Visitors to Courthouses remains in effect, and in order to protect the health and safety of the public, Judge Scarcella is adopting the following supplemental procedures in all matters. Please refrain from contacting the Court during this time period unless you have a matter that requires immediate attention.

HEARINGS:

Judge Scarcella will be conducting hearings by audio only, unless otherwise instructed. Zoom and in-person hearings will be conducted in select cases.

Audio only and Zoom hearings:

Commencing with his hearings scheduled for March 7, 2022, and continuing thereafter, all attorneys and unrepresented parties are required to register for the hearing(s) at least two (2) business days in advance of the scheduled hearing by using the Court’s eCourt Appearances platform: https://ecf.nyeb.uscourts.gov/cgi-bin/nyebAppearances.pl. For more information on eCourt Appearances, including a tutorial on how to use the program, please click here.

Parties do not need to contact the Courtroom Deputy to request prior authorization to appear telephonically.

If for some reason you are not able to use the eCourt Appearances platform, you must email the Courtroom Deputy at: las_hearings@nyeb.uscourts.gov at least two (2) business days prior to the hearing and state that a reasonable effort to use the platform has been made. You must include your name, the case number(s), who you represent if you are an attorney, and the date of the hearing. Your email must include in the Re line “I am not able to register using eCourt Appearances.” You will then be provided with the dial in / log in information. If you do not have internet access you may call the Courtroom Deputy with this information at (631) 712-6278.

Conduct during audio only hearings:

1. Announce your name each time before speaking.
2. Speak up and enunciate so that you can be heard and understood.
3. Avoid the use of a speaker phone (use a landline, if possible).
4. If you are not speaking, keep your phone muted.

Video conference hearings via Zoom:

Any hearing to be held by video will be on the Zoom platform. Unless directed otherwise, or unless you are examining a witness, you may attend a Zoom hearing using the audio only dial in option. Please consult your IT personnel if you have any problems logging in for the hearing. For additional help click this link: ZoomGov Support.

Conduct during video conference hearings:

1. Announce your name each time before speaking.
2. Keep your camera off and phone muted unless you are addressing the Court or examining a witness.
3. Avoid the use of a speaker phone (use a landline, if possible).
4. Speak up and enunciate so that you can be heard and understood.

In person hearings and trials:

All parties must email the Courtroom Deputy at: las_hearings@nyeb.uscourts.gov at least three (3) business days in advance of the scheduled hearing to identify all persons who will appear, along with their vaccination status; this includes any witness(es) that the party may call to testify. If the vaccination status of any person(s) is unknown, then the attorney must so indicate and state that a reasonable inquiry has been made. This notification concerning vaccination status is not to be filed on the case docket. All attorneys must identify the party(ies) the attorney represents.

ADJOURNMENTS:

Provided that all parties consent, parties seeking an adjournment of any motion or status conferences (including loss mitigation, pretrial conferences, and post-discovery conferences) scheduled to be heard may file with the Court a letter requesting an adjournment of the hearing.

MOTIONS:

Unopposed motions, including motions by the Chapter 13 Trustee to dismiss cases, may be granted by the Court without the need for an appearance provided that the moving party files with the Court a proposed order granting the motion along with a Certificate of No Objection at least two (2) days prior to the scheduled hearing date. The Certificate of No Objection shall include the date of the filing and service of the motion, the deadline for filing an objection thereto, and a representation that (i) the motion was filed and served in a timely fashion, (ii) no objection has been filed or served on the movant, (iii) there is no objection, responsive pleading or request for a hearing with respect to the motion on the docket, and (iv) movant is aware of no informal objection. Following receipt of the Certificate of No Objection, the Court may enter an order granting the motion without further pleading, hearing or request. In the event the Court determines a hearing is necessary, a hearing shall be scheduled by an order of the Court. A form of Certificate of No Objection can be found on the Court’s website under Judge Scarcella’s tab, “Form Orders.”

Motions scheduled for hearings that are opposed shall be heard as scheduled unless otherwise directed by the Court.

Notwithstanding the above, in the event any party requires a hearing, the party may contact Chambers at las_hearings@nyeb.uscourts.gov to request such hearing. The Courtroom Deputy will respond by email advising whether the Court grants or denies such request. If the request is granted, the hearing will be conducted telephonically and the Courtroom Deputy will respond by email, providing a dial in number and instructions.

Procedures for obtaining hearing dates, and requesting emergency hearings, adjournments, telephonic or video appearances, and concerning chambers copies, submission of orders, notices of presentment, and other matters may be found by clicking the Judges' Procedures tab.

Mailing address:

Hon. Louis A. Scarcella
United States Bankruptcy Court
Eastern District of New York
Alfonse M. D'Amato Federal Courthouse
290 Federal Plaza
Central Islip, New York 11722

*** Please review Judges' Procedures before contacting chambers.