Local Rule 9015-2: District Court Jury Trials — Pretrial Procedures

Rule 9015-2 District Court Jury Trials — Pretrial Procedures

(a) Core Proceedings. In any core proceeding as defined in 28 U.S.C. § 157(b)(2), if no timely consent to have a jury trial conducted by a bankruptcy judge is made under AK LBR 9015-1(b), or any party files a notice of nonconsent, the proceeding will not be transferred to the district court except upon the granting of a motion to withdraw the reference under Rule 5011, Federal Rules of Bankruptcy Procedure or as provided in subsection (d).

(b) Non-Core Proceedings. In any proceeding that is not a core proceeding as defined in 28 U.S.C. § 157(b) where the parties have not consented to the entry of final orders under 28 U.S.C. § 157(c)(2) or (e), unless the reference is withdrawn or as otherwise ordered by the district court, on its own motion or on the motion of any party, all pretrial matters remain referred to the Bankruptcy Court for hearing and determination as provided in AK LBR 9033-1.

(c) Status Report to District Court.

(1) Unless otherwise ordered by the district court, not later than one hundred twenty (120) days after the last responsive pleading is filed, the parties must prepare and lodge with the Bankruptcy Court a joint status report, setting forth: [A] that the matter is ready for trial or the date by which the parties expect to be ready for trial; [B] the current status of discovery and, if discovery has not been completed, the date by which it is expected discovery will be completed; [C] the current status of any pending motions; and [D] any motions expected to be filed and the date by which such motions are to be filed.

(2) Within fourteen (14) days after the status report is lodged, the Bankruptcy Court will, by endorsement thereon, indicate either: [A] all matters submitted for determination have been determined by the Bankruptcy Court; or [B] the date by which all matters under submission are expected to be determined.

(3) Upon entry of the endorsement by the Bankruptcy Court, the clerk of the Bankruptcy Court will forthwith transmit the status report to the clerk of the district court.

(d) Certificate of Readiness for Trial and Transfer to District Court.

(1) Unless the reference has been earlier withdrawn, when all pre-trial matters have been completed and the proceeding is ready for trial, the Bankruptcy Court will certify that fact to the district court in writing.

(2) Upon certification of readiness for trial by the Bankruptcy Court, the clerk of the Bankruptcy Court will forthwith transmit the certificate of readiness together with the proceeding files to the clerk of the district court.