• At the initial hearing on each contested matter, the Judge will consider whether an evidentiary or additional non-evidentiary hearing is required. Except for uncontested offers of proof necessary to support preliminary findings of fact, and except as provided in the following paragraph, matters on the motion calendar will be treated as preliminary, non-evidentiary hearings. Notwithstanding the foregoing, the Judge may consider evidence at any hearing in his discretion.

• Whether or not noticed as evidentiary hearings, all hearings on motions for (a) authority to use or to prohibit use of cash collateral, (b) approval of post-petition financing, (c) payment of pre-petition wages, or (d) payment of pre-petition claims, are considered evidentiary hearings. In each case, the movant should be prepared to make an offer of proof consistent with the requirements of the Bankruptcy Code, the Bankruptcy Rules, the Local Rules, and relevant law.

• Upon commencement of a chapter 11 case, the Court will enter an order setting a status conference for the purpose of reviewing the circumstances of the case, including any anticipated significant contested matters or adversary proceedings, and to consider whether it is appropriate to (1) set or change the deadline for filing proofs of claim or interest (other than claims of governmental units), (2) set a deadline for assumption and rejection of executory contracts and unexpired leases, (3) set a deadline for the filing of a disclosure statement and plan, (4) set a deadline for the solicitation of acceptances of a plan, (5) fix the scope and format of the notice to be provided regarding the hearing on approval of the disclosure statement, and (6) consider whether the hearing on approval of the disclosure statement should be combined with the hearing on confirmation of the plan. If a committee has been appointed under section 1102, the Court will also consider any issues relating to the requirements of section 1102(b)(3). If not previously determined, the Court may determine at the status conference whether the case is a single asset real estate case.

• After the chapter 11 status conference, the Court typically enters a standard form Order Shortening Time for Filing Proofs of Claim, Establishing Plan and Disclosure Statement Filing Deadlines, and Addressing Related Matters. In most chapter 11 cases, this order (1) shortens the bar date for proofs of claim and interest to 90 days after the petition date (other than for governmental units), (2) sets a deadline for the filing of a plan and disclosure statement at 120 days after the petition date, and (3) at the debtor’s option, provides for the potential consolidation of the hearing on approval of the disclosure statement with the plan confirmation hearing.

Emergency matters are those where direct, immediate, and substantial harm will occur to the interest of an entity, to the bankruptcy estate, or to the debtor’s ability to reorganize, if the parties are not able to obtain immediate relief. The movant must comply with Local Rule 9075-1. The movant should call the Courtroom Deputy to advise the Court that an emergency motion has been filed. Once filed, an emergency motion will be reviewed by the Judge to determine if it should be treated as an emergency. The Courtroom Deputy will set the hearing as directed by the Judge. Upon being informed of the date and time of hearing, the moving party must immediately provide notice to opposing counsel and other parties in interest by a method or methods aimed at providing actual notice of the scheduled hearing (this may include one or more of telephone, fax, e-mail, and overnight mail), and the moving party shall file a certificate of service. Failure to provide immediate notice to opposing counsel and other parties in interest and file a certificate of service may result in denial of the relief requested and/or sanctions.

Judge Kimball encourages the parties to use the electronic presentation facilities available in the courtroom. These include: (a) a lectern camera system that allows viewing of documentary evidence by the Court, other counsel, witnesses, and the gallery, without the need for multiple paper copies; (b) the ability to present documentary, video, and audio evidence via laptop plugged directly into the court’s audio-video system; (c) CD audio playback capability; and (d) DVD playback capability. The display system includes touch-screen technology that allows counsel and other parties to annotate documents on the display using a finger or stylus to “write” on the screen. Counsel wishing to use these systems may contact the Courtroom Deputy, at (561) 514-4143, in advance of the scheduled hearing to arrange a time to become familiar with the systems subject to courtroom and staff availability.