Honorable John K. Olson

Local Rules, Local Forms, Form Orders & Administrative Orders:

• Administrative orders updating court procedures and the Local Rules are posted on the Court's website and should be reviewed and followed. A paper copy of the Local Rules may also be obtained from the Clerk's office.
• Local forms and form orders are updated periodically and are available on the Court's website. Be sure you are using current versions of all local forms and orders.
• Relief sought by pro se parties should be made by a motion which clearly states the specific relief requested or what they would like the court to do and why. Pro se parties should be familiar with and will be required to follow the Local Rules.

Calendar: Obtaining, Continuing, or Cancelling Hearing Dates:

• With the exception of certain Chapter 13 matters that may be self-calendared (See Court's Guidelines: Chapter 13 Self-Calendaring Procedure available on the Court's website), Judge Olson's calendar is set and maintained exclusively by the courtroom deputy. Do not call Judge Olson's law clerk or judicial assistant about calendar matters.
• No discussion of hearing dates will occur prior to the filing of a motion.
• Hearing dates for filed motions are assigned by the courtroom deputy. The courtroom deputy will prepare a form notice of hearing and return it to the moving party. Notices of hearing are sent either electronically via a Notice of Electronic Filing (NEF) or by mail from the Bankruptcy Noticing Center (BNC), depending on whether or not movant's counsel is a registered user of CM/ECF who has filed an electronic notice of appearance in the case. Per Local Rule 9073-1(D), it is the responsibility of movant's counsel to serve the notice of hearing on parties required to be served; the Court does not serve the notice of hearing. The party required to serve the notice of hearing must file local form Certificate of Service of Notice of Hearing and Compliance with Local Rule 9073-1(D).
• Evidentiary hearings or motions that will take in excess of fifteen (15) minutes must be specially set. Counsel shall, immediately after filing such a motion, inform the courtroom deputy that the motion requires a specially set hearing. All counsel shall consult with one another to determine the availability of the parties and the amount of time the hearing will require. The courtroom deputy will not act as a middleman to clear dates for parties who do not confer with each other. Failure of counsel to confer with one another before setting hearings may result in sanctions or the hearing not going forward. Judge Olson will often enter an Order Specially Setting Hearing which sets forth the Court's procedural requirements for specially set matters. Please read this order carefully.
• Continuances for hearings on motion calendars may be requested by filing a motion for continuance. If the parties agree to the continuance, the motion should be designated as agreed and an agreed proposed order may be submitted. If the parties do not agree, the motion for continuance will be set for hearing. Continuances for pretrial conferences or specially set evidentiary matters will generally not be granted ex parte without a hearing, even if agreed.
• Emergency matters are those where the requested relief requires immediate action. Administrative Order 04-11 requires the moving party to deliver a courtesy copy of the motion accompanied by a local form "Red Sheet" cover sheet to the Clerk's Office in Fort Lauderdale. Please contact the courtroom deputy upon filing an emergency motion in order to confirm receipt. A filed emergency motion will be reviewed by Judge Olson to determine if it should be treated as an emergency. The courtroom deputy will call the relevant parties and set the hearing as directed by the judge. No scheduling will occur until the motion is filed and reviewed by the judge. Upon receipt of time and date of hearing, the moving party must immediately provide notice to opposing counsel by phone, fax and e-mail. Failure to provide immediate notice to opposing counsel may result in the hearing not going forward.
• Matters settled prior to a hearing may be removed from the calendar by calling the courtroom deputy by noon, at least two (2) business days prior to the hearing. In the event that a settlement occurs less than two (2) business days prior to the hearing, counsel shall contact the courtroom deputy, but may also be required to appear before the Court to announce the settlement.

Hearings

• Please contact the courtroom deputy if you have questions regarding hearings or settings.
• No evidentiary matters will be considered on motion calendars. Matters on the motion calendar that are evidentiary will be treated as a preliminary hearing.
• Chapter 11 Hearings: Section 105 Conferences will be scheduled within thirty (30) days after any Chapter 11 is filed. The Debtor, the U.S. Trustee, any committee, lender and other party in interest will be invited to attend.
• Chapter 13 Hearings: Most uncontested Chapter 13 confirmation hearings and some uncontested Chapter 13 motions will be handled by the Chapter 13 Trustee without the Judge's actual presence in the Courtroom. However, even though the Judge is not present, THE COURT IS IN SESSION and the proceedings are being recorded by the court reporter. Consequently, all rules regarding courtroom decorum, including dress code, use of the podium and microphone, and use of cell phones, apply.
• The Court generally will not consider exceptions to the requirement of a wage deduction order for Chapter 13 plan confirmation.
• Chapter 13 evidentiary matters will be set on the Chapter 13 evidentiary calendar.

Telephone Appearances

• Do not file a motion if you wish to appear by phone.
• All requests to appear at a hearing by telephone should be made exclusively by calling the courtroom deputy at least two business days prior to the hearing. There is no assurance that last minute requests will be granted. The denial of a last-minute request will not be an appropriate basis for requesting a continuance of the hearing.
• Judge Olson does not use CourtCall.
• Permission to appear by telephone is granted on a case-by-case basis. Generally, telephonic appearances are not permitted on motions for relief from stay, evidentiary hearings, or hearings conducted in connection with Chapter 13 cases.
• Requests for telephonic hearings are not typically granted for counsel who are in the Fort Lauderdale Division of the Southern District of Florida except as otherwise authorized by the Court in connection with an emergency hearing.
• If the courtroom deputy receives multiple requests for a telephone hearing in a single matter, the first person who calls will receive precedence unless an "800" number conference call is arranged so that more than one party can participate. The attorneys will be responsible for setting up that "800" number conference call and giving all relevant information to the courtroom deputy in a timely manner.
• Counsel should provide the courtroom deputy with his/her direct telephone line (or a direct line to his/her secretary or paralegal), rather than a switchboard number.
• Counsel must be available beginning at the time that a hearing is scheduled. However, sometimes matters do not start precisely when scheduled and the court can not guarantee the exact time a call will be made.
• Participation of counsel appearing by phone will be limited to a short statement or argument in support of, or in opposition to, the relief requested. Counsel may not engage in extended argument or participate in the introduction of evidence or examination of witnesses if the court determines it is appropriate to receive evidence at the scheduled hearing.
• Counsel appearing telephonically may not use a speaker phone; a handset must be used. Counsel should state his/her name each time he/she is heard so the court reporter can identify who is speaking. Counsel should speak loudly, clearly, and slowly. Also, counsel should cover the telephone handset, or place the phone on mute, when he/she is not talking to minimize background noise that is broadcast over the speaker system in the courtroom. Failure to do so may result in the inability of the court reporter to fully and accurately transcribe the statements of counsel.
• Participating in a hearing by telephone is done at your own risk and with full knowledge of possible technological failures or other problems. If there is an equipment failure for any reason, the court will continue with the hearing without participation of counsel appearing telephonically. Counsel also assumes the risk of the prejudice that may result from not being present in person and possibly unable to therefore advance the party's points in favor of, or in opposition to the relief requested.

Submission of Orders

• Please contact the judicial assistant at 954-769-5772 with questions regarding orders.
• Do not call about the status of a pending lift-stay order unless the proposed order was submitted at least three weeks before the call.
• Agreed lift-stay orders must be submitted at least two business days prior to a scheduled hearing. If agreed orders are submitted after the two-day cutoff, the matter may remain on the calendar and be dismissed for want of prosecution if counsel fails to appear.
• All proposed orders must conform to the Court's Guidelines for Preparing, Submitting and Serving Orders. The title of submitted orders should contain a description of the underlying motion, including the words "Ex Parte" or "Agreed" where applicable, and should also reflect the Court's ruling on the motion.
• If a hearing was held on the motion, the text of the proposed order must include the date that the motion came before the Court.
• Proposed orders should be submitted via e-Orders within three business days of a hearing.
• Proposed orders in negative notice matters should not be submitted until the Certificate of No Response has been filed.
• Many proposed orders require hearing or other dates be inserted. Please make every effort to ensure there are no blanks in orders to be filled in by the court. That may, for instance, require you to contact the courtroom deputy for hearing dates prior to submission of your proposed order.
• Failure of the prevailing party to timely submit a proposed order may result in the entry of an order denying the motion.
• Do not fax or e-mail proposed orders unless specifically asked to do so.
• Judge Olson has a strong preference that orders be submitted in PDF format via CM/ECF's e-Order function.
• When using e-Orders, please be careful to submit your proposed orders under the correct header (e.g. Ex Parte, Agreed, Hearing Held, Negative Notice, etc.) and always link your proposed order to the original motion. Judge Olson will not sign and enter an improperly linked order.
• Please submit your order only once. Do not submit both a paper order and an e-Order on the same motion at the same time.
• Competing orders may be submitted as directed by the Court or where opposing counsel disagree on a proposed order's language. Competing orders should be submitted via e-mail in WordPerfect format to: JKO_Chambers@flsb.uscourts.gov. The e-mail should identify why the parties found it necessary to submit competing orders. This address is strictly for competing orders and should not be used under any other circumstances unless specifically instructed to do so. As a courtesy, please contact the judicial assistant to confirm that your competing order e-mail has been received in chambers.
• Check CM/ECF - PACER to determine the status of an order. Do not call staff for status of orders unless ten days have elapsed from the date the order was submitted.
• Do not submit proposed orders as attachments to motions. On motions for relief from stay and some other matters, CM/ECF may prompt you to include your proposed order as an attachment to the motion. Comply with the CM/ECF prompt, but this does not relieve you of your obligation to separately upload the order using the "Order Upload" link under the "Bankruptcy" tab (or "Adversary" tab if your motion is within an adversary proceeding). Proposed orders attached to motions will not be signed. Only orders uploaded separately via eOrders will be considered for signature.
• Do not submit proposed orders until they are ripe for entry.

Adversary Proceedings & Pretrial Conferences

• An Order Dismissing Adversary Proceeding as Settled should be submitted when such matters are settled. A Stipulation of Settlement is not sufficient to close an adversary case.

Chapter 13 Tips

• The Court views serial filings with multiple debtors unfavorably, and may grant creditors prospective in rem relief.
• Motions to Reinstate will not be set for hearing if they do not comply with Local Rule 9013-1(E). The funds required to bring a chapter 13 plan current should be in the attorney's trust account prior to the hearing. Debtors who are not represented by counsel should: 1) attach a photocopy of a cashiers check or money order payable to the Chapter 13 Trustee in the amount required to bring the chapter 13 plan current to their motion; and 2) bring the cashiers check or money order to the hearing so that it can be tendered to the Chapter 13 Trustee if the case is reinstated.
• When granting motions to shorten prejudice period, the Court generally will not permit the plan period to extend beyond sixty months from the original filing date, and the Court will require vesting of the payments for the benefit of the creditors upon the filing of any new case.
• The Court generally will not consider exceptions to the requirement of a wage deduction order for plan confirmation.

Motions for Summary Judgment

• The Court will enter an Order Setting Briefing Schedule after a motion for summary judgment is filed. Responses are generally due twenty days after the motion for summary judgment and replies are generally due ten days after the response. Please contact the law clerk if you do not receive the Order Setting Briefing Schedule within ten days after filing a motion for summary judgment.

Courtroom Decorum:

• The Guidelines for Courtroom Decorum, which can be found on the Court's website, will be strictly enforced at all times, whether or not the Judge is presiding.
• Neither food nor drink may be consumed in the courtroom at any time.
• Court is in session at any time that the court reporter is recording the proceedings. Cellular phones, beepers, and other devices that make noise, must be turned off (or placed on a silent mode) while the court is in session. Cellular telephones may not be used in the courtroom at any time when court is in session, even if the Judge is not presiding.
• Attorneys should remain wholly detached from any ill feeling between the litigants or witnesses. Oral or written disparaging personal remarks or acrimony toward opposing counsel or opposing parties will not be tolerated.
• Personal conversations are to be conducted outside the courtroom when court is in session.
• Hearings will start at the scheduled time. Counsel and their clients and witnesses are required to appear in court at the scheduled time of a hearing. Tardiness will be excused only in the event of an unanticipated emergency or occurrence. Traffic does not qualify as an unanticipated event other than unusual traffic caused by accident or other unanticpated event. If you are late and your case is called before you arrive, it is likely the motion will either be denied for failure to prosecute or granted without opposition. If you have good grounds for your failure to appear at the scheduled time, you should file a motion to reconsider.
• As required by Local Rule 9073-1(D), movant's attorney must certify that he has contacted all adverse parties in an attempt to resolve the matter prior to filing a motion that requires a hearing.
• Bring a proposed order granting or denying the request for relief that is set for hearing during the motion calendar OR timely submit a proposed order via e-Orders. All proposed orders should conform to the Court's Guidelines for Preparing, Submitting and Serving Orders (CG-5).
• Judge Olson appreciates cogent, logical writing. Whether you appear in person or by paper, you should clearly state to the Court and opposing counsel the specific relief you are requesting.
• If you have a factual dispute, you should be ready to prove your position with full knowledge of evidentiary and other necessary rules. Exhibits should be pre-marked numerically for plaintiffs/movants and alphabetically for defendants/respondents and accompanied by the Local Form "Exhibit Register."
• The Court will consider motions in limine prior to trial. Such motions should be filed as far in advance as possible and appropriate.
• You should provide your principal cases to the Court and opposing counsel. Concede where you need to, making sure to communicate the law accurately no matter whose side it favors.
• Unless specifically requested, do not fax or e-mail motions, pleadings, or other case related documents to chambers.

No Ex Parte Communications:

Judge Olson does not entertain any oral or ex parte communications. Do not write letters or call Judge Olson, his law clerk, or judicial assistant regarding cases. Federal Rule of Bankruptcy Procedure 9003 prohibits ex parte communications with the judge by any party in interest regarding any matter affecting a particular case.