Mike K. Nakagawa, Bankruptcy Judge – Guidelines

Courtroom Guidelines

It is a violation of Judicial Conference policy, and Local Rule IA 2-1, to record, transmit or broadcast United States Bankruptcy Court proceedings with wireless or any other communication devices. Wireless communication devices include, but are not limited to, mobile phones, laptop computers and personal digital assistants (PDAs). Cameras and other devices (pen recorders, phones, etc.) that are capable of recording, reproducing and transmitting are prohibited from use within the Courtroom.

Failure to abide by this Rule may result in the forfeiture of any such device. 

Motions to Withdraw Filed by Counsel

Bankruptcy LR 2014(c) requires counsel to follow LR IA 11-6 of the Local Rules of Practice for the United States District Court for the District of Nevada. To comply with LR IA 11- 6(b), counsel serving notice on the affected client must include in their declaration in support of the withdrawal the last known address of the client and counsel's effort to provide notice to the client at such address.

Orders Shortening Time

Counsel must contact the courtroom deputy to obtain a hearing date and time for any requests for orders shortening time. Counsel must follow the proper course of action per LR 9006.

Settlement Approval Motions

For settlement approval motions that are misfiled (in a main case instead of an adversary, or vice versa), any hearing scheduled by counsel for the moving party will be VACATED without prejudice to counsel refiling a properly captioned motion in all cases and/or adversary proceedings that are appropriate. At the time the misfiling is discovered, the Courtroom Deputy will notify counsel for the moving party that the hearing is vacated. An appropriate docket entry will be made. If there is a deadline by which a particular settlement has to receive court approval, counsel can request an Order Shortening Time.

Stipulations

If a Stipulation and Order to continue a hearing are not on docket by the time of the scheduled hearing, counsel is required to appear for the hearing. Uploading an order does not mean that the stipulation will be approved and that the hearing will be continued.

Withdrawing Pending Motions or Applications

A notice withdrawing an uncontested motion also must request that the scheduled hearing be vacated. Unless the court has concerns and notifies counsel, the scheduled uncontested hearing will be vacated. If a motion is contested, filing a notice withdrawing the motion will not vacate the scheduled hearing; rather, only a stipulation signed by the opposing party and a court order approving the stipulation will vacate a contested hearing.