JUDGE JUDITH K. FITZGERALD
EFFECTIVE FEBRUARY 3, 2003

The following procedures are specific to Judge Fitzgerald's cases and are mandatory unless otherwise ordered .

These procedures and the hearing dates posted are subject to change at any time. Parties and Counsel are responsible for reviewing the procedures and using only the posted hearing dates.

These procedures supplement and do not replace the Federal Rules of Bankruptcy Procedure, Local Rules, Court Procedures Manual, and General Orders of this Court.

There are separate procedures applicable to Chapters 12 and 13. Be sure to use the appropriate procedures.

1. PROCEDURES APPLICABLE TO CHAPTER 7 AND CHAPTER 11 CASES

1. All matters (in main case and in Adversaries) will be scheduled by the Court.

2. Filing Pleadings and Proposed Orders: All pleadings are to be electronically filed with the Clerk. All pleadings seeking relief must include, as a separate attachment, a proposed order granting the relief requested. All pleadings and other documents, including orders and certificates of service, regarding a matter that is already filed shall contain the docket number of the matter to which they relate.

3. Courtesy Copies: Courtesy paper copies of all electronically filed pleadings which require judicial action are required until July 30, 2003. With the exception of motions for expedited relief, courtesy copies shall be delivered to the Clerk, not to Chambers. The Local Rules require paper copies of all requests for expedited relief to be delivered to chambers even after July 30, 2003. No pleadings or correspondence are to be faxed or e-mailed to Chambers unless authorized by Judge Fitzgerald or her staff.

4. Continuation, Rescheduling, Cancelling Hearings: No hearings will be continued, rescheduled, or cancelled, even if the matter has been settled, unless an appropriate motion and proposed order have been electronically filed with the Clerk at least 3 (three) days before the scheduled hearing date. If time does not allow filing 3 days before the scheduled hearing date, a representative of a party must appear at the scheduled hearing to provide a status report to the Court. Calling Chambers will not continue, reschedule, or cancel the hearing.

5. No Witnesses on Motions Days: NO WITNESSES WILL BE HEARD ON MOTIONS DAYS UNLESS THE COURT SPECIFICALLY ORDERS OTHERWISE IN A PARTICULAR CASE. All evidentiary hearings will be specially scheduled.

6. Appearance of Counsel at Hearings: Counsel must appear at the scheduled hearing unless the order scheduling the hearing specifically provides otherwise. Do not contact Chambers concerning whether a scheduled hearing has been cancelled. To determine whether a matter remains on the hearing calendar, check the calendar at www.pawb.uscourts.gov after 12:00 noon the day before the hearing. Orders entered by default will not be posted on the calendar. Only matters remaining on the hearing calendar will be posted. To verify whether a default order has been entered, check the docket. If a Certificate of No Objection is timely filed, the matter may be taken off the calendar. If a Certificate of No Objection is not timely filed, counsel must appear at the hearing. The Certification of No Objection must contain the document number of the motion or pleading to which it refers.

7. Motion for Temporary Restraining Order: A plaintiff must electronically file a motion for temporary restraining order and a motion for preliminary injunction at the same adversary number as the complaint for injunctive relief. See Fed.R.Bankr.P. 7065 and Fed.R.Civ.P. 65. As soon as the request for a temporary restraining order is filed, the plaintiff must call the Courtroom Deputy at 412-644-3541 to arrange a hearing.

8. Motions under 11 U.S.C. §1113: As soon as a party electronically files a motion for relief under 11 U.S.C. §1113 the movant must deliver to Chambers a courtesy paper copy of the motion along with a paper copy of all collective bargaining agreements and modifications thereto to which the motion relates, and must call the Courtroom Deputy at 412-644-3541 to arrange a hearing.

9. First Day Matters: As soon as the bankruptcy case and first day motions have been filed, contact the Courtroom Deputy at 412-644-3541 to arrange a hearing.

10. Telephone Participation: Parties or counsel who are located more than 100 miles from the courthouse or have cause to appear telephonically may be able to participate in a hearing by telephone provided that arrangements are made by calling the Courtroom Deputy at least 3 (three) days prior to the hearing at 412-644-3541.

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