Judge Mullins' Open Calendar Procedure

Instructions for Self-Selecting Hearing Dates and Times
In Cases Assigned to Judge Mullins

Quick Guide

     1.  This procedure applies to attorneys who file motions in any case or adversary proceeding, including paper cases.  It replaces the procedure for obtaining a hearing on a motion for relief from stay and applies to other types of motions as well.   Hearings need not be set in adversary proceedings or where they are not now routinely set in bankruptcy cases.  Trials, confirmations and motions on short notice may not be set using this procedure.

     2.  Select a date, time and location appropriate for the matter to be heard from the list of currently available dates.  The available dates and times depend on the type of matter and the filer's assessment of the likely time it will take to hear it.

IF YOU FILE ELECTRONICALLY AND SET THE HEARING IN THE PROCESS, THE MOTION AND NOTICE OF HEARING MUST BE SERVED AND FILED AT LEAST TEN (10) DAYS BEFORE THE HEARING DATE.

IF YOU FILE THE MOTION OR NOTICE OF HEARING USING PAPER,  THE HEARING DATE SELECTED MUST BE AT LEAST TWO (2) WEEKS AFTER THE DATE ON WHICH YOU HAVE (A) FILED THE MOTION AND NOTICE OF HEARING IN THE CLERK'S OFFICE AND (B) DELIVERED A COPY TO CHAMBERS.

     3.  Prepare and serve the notice of hearing in one document with the motion, application or objection to be calendared. Click here for a suggested form of notice and certificate of service.

     4.  No later than three (3) days after serving the pleadings, file the motion, application or objection with notice of hearing and certificate of service attached.

     5.  Do not call Chambers to find out if the matter has been put on the calendar. You may view the calendar on line in ECF cases.

     6.  You may use the Open Calendar Procedure to reset a hearing date if all parties agree.  Paper filers only must bring a copy to Chambers.
 

Detailed Instructions

1. This procedure applies to attorneys filing motions in any case or adversary proceeding, including paper cases, on and after February 1, 2002.

• In a bankruptcy case assigned to Judge Mullins, an attorney who files a motion requiring a hearing must, with certain exceptions described below, prepare, serve and file a notice of hearing.  Attorneys who file a motion and notice of hearing electronically should set the hearing while filing the motion and/or notice of hearing.
• In an adversary proceeding, the movant is not required to schedule a hearing and hence need not file a notice of hearing.  If the movant does not serve a notice of hearing with the motion, a respondent desiring a hearing may schedule one by serving and filing a notice of hearing separate and apart from the response to the motion.  Similarly, if a movant who did not schedule a hearing at the time a motion was served desires a hearing upon review of the response and if  a respondent has not scheduled a hearing, the movant may then schedule a hearing by filing a notice of hearing separate and apart from a reply, if any.  The court may, of course, schedule a hearing even if the parties have not scheduled one.
• Do not use this procedure if the motion or application is one routinely granted without a hearing (e.g., an application to employ professionals, a motion to take a Rule 2004 examination, a motion to extend time to file schedules or a motion for emergency ex parte relief from the stay pursuant to B.L.R. 4001), unless you know the motion is contested or is likely to be contested..
• Do not use this procedure if  the parties have entered into a proposed consent order that is submitted to Chambers at the time the motion is filed.  The proposed consent order may be attached to the motion, transmitted by  mail or by e-mail or delivered to Chambers.
• Do not use this procedure for motions to avoid liens or motions to redeem (the court will set hearings on those motions if a response is filed -- see B.L.R. 6008) or for motions for TRO's or other emergency relief and motions to shorten time.  Do not use this procedure to schedule trials in adversary proceedings, hearings on disclosure statements and plans in Chapter 11 cases or confirmation hearings in Chapter 13 cases.

2. Select a date, time and location appropriate for the matter to be heard from the list of  currently available dates.

IF YOU FILE ELECTRONICALLY AND SET THE HEARING IN THE PROCESS, THE MOTION AND NOTICE OF HEARING MUST BE SERVED AND FILED AT LEAST TEN (10) DAYS BEFORE THE HEARING DATE.

IF YOU FILE THE MOTION OR NOTICE OF HEARING USING PAPER,  THE HEARING DATE SELECTED MUST BE AT LEAST TWO (2) WEEKS AFTER THE DATE ON WHICH YOU HAVE (A) FILED THE MOTION AND NOTICE OF HEARING IN THE CLERK'S OFFICE AND (B) DELIVERED A COPY TO CHAMBERS.

• If all parties will consent to the relief requested in the motion, no hearing need be set. For hearings on shorter notice, i.e., hearings on emergency motions, call the Courtroom Deputy Clerk for a hearing date and time.
• In adversary proceedings, pick a date after the last day for filing a response to a motion that complies with the above general instructions, except that the date selected should also be after the last day for filing a response as follows.  A respondent has ten (10) days from the date a motion is served, plus three (3) days if the motion is mailed, to file a response to a motion, except that for motions for summary judgment, the response time is twenty (20) days from date of service, plus three (3) days if the motion is mailed.  See B.L.R. 7007-1(b).
• Use the extended hearing slots for matters that are likely to take longer than 20 minutes to present. You can check the calendar in the ECF system to see what hearings have already been scheduled in ECF cases.
• A motion to dismiss or convert a Chapter 13 case or for relief from stay may be scheduled for hearing at the confirmation hearing in that case.
• Always check the list of currently available dates when setting a hearing because a date may be removed from the list at any time.

3. Prepare and serve the notice of hearing in one document with the motion, application or objection to be calendared. Click here for a suggested form of notice and certificate of service.     (This is a PDF document.)

• ECF participants (attorneys registered to file documents electronically) are authorized to fill in the date, time and place on the hearing information screen. (Make sure you fill in all three fields). Hearings in Atlanta are in Courtroom 1203; hearings in Rome are in Courtroom 326. On the screen permitting the user to enhance docket text, type in the words "and Notice of Hearing" after the description of your pleading. Make sure the notice of hearing is included as a part of the PDF document but that it follows the motion, even though when you serve it you may put the notice of hearing on top.
• Whether filed on paper or electronically, the certificate of service must mention service of both the motion and the notice of hearing.

4. No later than three (3) days after serving the pleadings, file the motion, application or objection with notice of hearing and certificate of service attached.

• For motions for relief from stay, do NOT obtain a hearing date at the filing desk.
If you file paper pleadings, deliver a copy of the notice of hearing and certificate of service to Chambers at least  two (2) weeks prior to the hearing date.
• If you file electronically, do not deliver a paper copy to the Clerk or to Chambers.

5. Do not call Chambers to find out if the matter has been put on the calendar. You may view the calendar on line in ECF cases.

6. You may use the Open Calendar Procedure to reset a hearing date if all parties agree, but you must follow the above instructions on filing the notice of hearing, i.e, ECF participants may set a hearing for a date that is at least ten (10) days after the participant files a new notice of hearing, and non-ECF participants may reset a hearing for a date at least two (2) weeks after filing and delivering to Chambers a new notice of hearing. (ECF participants are not required to notify Chambers.)  If all parties do not agree, continuances should be requested by motion, which you may schedule for hearing using the Open Calendar Procedure.