Appearances: Except as set forth below, all hearings shall be held in-person in Judge Giugliano’s courtroom. The general public, including the press, may observe hearings in-person.

Exceptions:

1. The Chapter 13 confirmation calendars will be conducted 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 opt to appear in-person at the chapter 13 confirmation calendars.

2. First Day Hearings

Due to the exigencies often associated with first day hearings in chapter 11 cases, unless the Court orders otherwise, such hearings will be conducted from Judge Giugliano’s courtroom in a hybrid format that will permit either in-person attendance or remote participation via videoconference. The courtroom will be open to all parties and to the public. Any person wishing to attend the first day hearing remotely must register their appearance using the eCourt Appearance tool, which is available here, when possible, by 4:00 p.m. the day before the hearing, and no later than one hour before the scheduled hearing time. Pursuant to the Judicial Conference’s remote access policy, public attendees, including members of the media, may receive remote audio access only to the portions of the first day hearing not involving live witness testimony.

3. Requests to appear by videoconference

For all in-person hearings, except for trials and evidentiary hearings, a party may appear by videoconference if they request permission from the courtroom deputy by email at SPG_hearings@nyeb.uscourts.gov at least 48 hours prior to the hearing If you do not obtain permission to appear by videoconference at least 48 hours prior to the hearing, you will be required to appear in-person.

Public and Media: Any member of the public, including members of the media, may attend any hearing in person. The Judicial Conference has revised its policy to permit judges presiding over bankruptcy cases to provide the public, including members of the media, with remote audio-only access to proceedings that do not involve witness testimony. Any member of the public or media wishing to obtain audio-only remote access to proceedings that do not involve witness testimony must request permission from the courtroom deputy by email at SPG_hearings@nyeb.uscourts.gov at least 48 hours prior to the hearing.

Registering for Appearances Through eCourt Appearances

Regardless of whether a hearing is by videoconference or in-person, all attorneys and unrepresented parties are required to register with eCourt Appearances at least two business days in advance of the scheduled hearing. 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, which 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 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 APPEARANCES IS PROHIBITED. 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 the courtroom deputy at SPG_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, the date of the hearing and a phone number.

Etiquette for Appearing by Phone or Videoconference

Please follow these guidelines when appearing by 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 phone and computer on mute until your case is called.
3. Use your first and last name as your screen name.
4. If you are not speaking, keep your phone or computer on mute. When appearing on video, press *6 to mute and unmute the audio.
5. State your name before speaking, every time you speak.
6. Speak up and speak clearly.
7. Avoid using a speaker phone.
8. Join the hearing from a quiet room.

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.

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. Prior to filing a motion seeking authorization for either procedure, the proponent must file a letter request on the docket. The Court will either schedule a telephone conference or grant the request.

If a motion has been filed, appropriate notice has been given, and no objection, responsive pleading, or request for an adjournment has filed on the docket or received by the movant within 48 hours after the objection deadline, the movant may file a certificate of no objection (“CNO”) with the proposed order attached as an exhibit. A copy of the CNO must also be emailed to SPG_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. The CNO must also include the date of the filing and service of the motion or application, the deadline for filing an objection thereto, and a statement that counsel is filing the CNO not less than 48 hours after the expiration of such deadline.

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 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 SPG_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 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.

Except as permitted by the Court, moving and responsive briefs shall be no more than 30 pages in length. Reply briefs shall be no more than 15 pages exclusive of the table of contents and table of authorities.

Requests for 2004 Orders may be submitted to Chambers ex parte, although written notice given to the affected parties is preferred, but the Court in its discretion may require notice and a hearing.

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