Local Rule LR 9006-1: Motions to Expedite Hearing and to Shorten or Limit Notice

LR 9006-1 Motions to Expedite Hearing and to Shorten or Limit Notice

(a) General application. This rule governs motions for expedited hearings and motions to modify notice requirements on Requests for Relief (the "Underlying Request"). The court may adjudicate a motion made under this rule immediately and without a hearing.

(b) Timing. Before or immediately following the filing of a motion under this rule, the movant must also file the Underlying Request.

(c) Filing requirements. A motion under this rule must be made by filing a written motion separate from the Underlying Request and a proposed order addressing only the relief requested under this rule.

(1) Contents of the motion. The motion must:

(A) identify the Underlying Request and the relief it seeks;

(B) state with particularity the factual and legal grounds for the motion, including all grounds for concluding that there is cause to grant the request to hold an expedited hearing or modify notice;

(C) if requesting that the court shorten notice of or the time to object to the Underlying Request, state the length of any proposed objection period;

(D) if a motion under this rule seeks to limit the parties in interest that receive notice of the Underlying Request, the motion must state the identities or classes of parties to receive notice; and

(E) if requesting an expedited hearing on the Underlying Request, state (i) the date by which the movant seeks a hearing and (ii) all preceding dates and times that the movant is unavailable and that parties expected to participate are known to be unavailable; the known reasons for each party's unavailability must also be stated, if known.

(2) Contents of the proposed order. The movant must file a proposed order immediately after filing a motion under this rule. The proposed order must:

(A) be filed as a separate document using the CM/ECF proposed order event;

(B) identify the Underlying Request and summarize the relief it requests;

(C) state the last day to object to the Underlying Request;

(D) state that any objection to the Underlying Request must be filed with the Clerk;

(E) state that if a party wants the court to consider its views or to hold a hearing on the Underlying Request, the party must timely file and serve an objection or other written response stating all grounds, factual and legal, for contesting the Underlying Request; and

(F) require the moving party to (i) serve the Underlying Motion with notice of the requested objection period and any hearing date and (ii) file proof of service that complies with Local Rule 9013-2 no more than one day after the date on which the court grants the motion.

(d) Notice to chambers. Immediately after filing a motion under this rule the movant must inform the presiding judge's staff by telephone of the filing.

(e) Service of the motion under this rule and of the Underlying Request; order shortening notice or setting expedited hearing.

(1) Unless the court orders otherwise, service of a motion under this rule is limited to those parties who receive CM/ECF notice of its filing.

(2) Motions made under and in compliance with this rule are exempt from Local Rule 9014-1(a).

(3) A motion filed in compliance with this Local Rule makes the notice and service provisions of Local Rules 9013-2 and 9014-1(a) inapplicable to the Underlying Request unless the court orders otherwise.