Chief Judge Barbara J. Houser
Address
Judge Houser's chambers are located at 1100 Commerce Street, Room 1421, Dallas, TX 75242-1496. Her courtroom is located in Room 1424 (Courtroom #2) on the 14th floor.
Telephone Numbers
Telephone inquiries to Judge Houser's chambers should be directed to the following:
Law Clerk 214-753-2055 Law Clerk 214-753-2056 Courtroom Deputy 214-753-2059 ECRO Operator 214-753-2005 Courtroom Deputy Email bjh_settings@txnb.uscourts.gov
Order Submission
Agreed Orders requiring immediate attention should be uploaded and counsel should notify the courtroom deputy by email.
Scheduling Settings
Most settings are scheduled with at least 20 days notice. Disclosure statements and chapter 11 plans are set with not less than 25 days notice (three days must be added if party is serving by mail). Claims objections and trustee’s final account hearings are set with 30 days notice.
All settings, except self-calendar matters as set forth below, emergencies and expedited requests, are obtained from the courtroom deputy in advance of the filing of a motion or application. A notice of hearing must be filed and served in order for the motion or application to appear on the court’s calendar. The notice of hearing must be filed within 2 days of service.
Settings requiring 30 minutes or less of total court time may be self-calendared. The court strongly encourages the use of self-calendaring for motions. Please review Judge Houser's self-calendaring procedures online at:
http://www.txnb.uscourts.gov/calendars/bjh/self.jsp
Settings that do not fit within the self-calendaring guidelines may be obtained by emailing the courtroom deputy at bjh_settings@txnb.uscourts.gov .
Telephonic Hearing Policy
Hearings may be conducted by teleconference when deemed appropriate by the court. In approving a hearing by teleconference, consideration will be given to the nature and scope of the matter before the court, associated time and cost of travel, and equity to all parties. The request should include a statement of the reason for the request, and a direct dial number where the party may be reached in the event the request is granted. Requests should be emailed/faxed no later than 2 business days prior to the hearing. Counsel may request a telephonic hearing by emailing the courtroom deputy at bjh_settings@txnb.uscourts.gov .
Emergency/Expedited Requests
The courtroom deputy must be notified by email when filing an emergency motion or motion for expedited hearing. Such motions should be filed in accordance with the procedures outlined in the ECF User Manual which can be found on the court’s website at:
- http://www.txnb.uscourts.gov/ecf/manual/Emergency_Motions .htm
Motion to Lift/Annul/Modify or Relief From Stay
Typically Judge Houser schedules preliminary hearings on motions to lift stay on Tuesday afternoons at 1:15 p.m. (during trial docket call week, hearings will be at 1:30 p.m.) In addition, information regarding removing lift stay motions from the court’s docket may also be found in the self-calendaring procedures.
U.S. Trustee Docket
The U.S. Trustee’s docket is generally scheduled on the third Thursday of the month at 1:15 p.m. Settings are scheduled by Mary Fran Durham, Office of the U. S. Trustee. The bankruptcy clerk’s office sends out notices.
Chapter 13 Trustee Docket
The Chapter 13 Trustee’s office prepares the Chapter 13 docket and submits a copy to the court prior to the hearings. General dockets are always scheduled through the Chapter 13 Trustee’s office.
Resets/Removals from the Docket (Non-lift stay motions)
The movant may reset or remove settings by contacting the courtroom deputy no later than 10:00 a.m. the day prior to the hearing.
For settlements and agreed orders obviating the need for a hearing, counsel need not appear at the scheduled hearing if, not later than 10:00
a.m. on the business day prior to the hearing, counsel has notified the courtroom deputy by email or fax that parties have settled or will upload an agreed order, or has otherwise appeared to place the agreement on the record. The announcement to the court will be docketed in the case record. Otherwise, the parties shall appear at the scheduled hearing to place the agreement on the record.
Fee Applications
No hearing is required for fee applications served with 20 day negative notice language, unless the court orders a hearing. After the response time has expired, if there has been no objection, pursuant to L.B.R 9007.1 , a Certificate of No Objections must be filed, accompanied by the proposed order being uploaded. If an objection is filed, either email or contact the courtroom deputy to set the application for hearing.
Trustee’s Final Report
No hearing is required for the trustee’s final report unless an objection is filed or the court orders a hearing. Notice is mailed by the bankruptcy clerk’s office. After the objection period runs, if there are no objections, proposed orders will be sent to the judge for review. If an objection is filed, it will be set for hearing.
Trial Docket Call/Adversaries
Typically, Judge Houser’s trial docket is scheduled on the first Tuesday of the month at 1:15 p.m. A list of trial docket call dates are available on the court’s website. The judge will schedule trials at the docket call. Trials are usually set the following week.
The courtroom deputy schedules the trial docket call and trial week and issues the standing scheduling order when a complaint is filed. The plaintiff’s attorney shall serve all parties with the standing Scheduling Order along with the summons and complaint. Compromise, settlement, and stipulations are expected to have occurred prior to the docket call. Documents are also to be exchanged and marked before the docket call. Pursuant to the standing scheduling order regarding adversary proceedings:
- (i)
- A Proposed Pretrial Order shall be served and filed seven calendar days prior to docket call;
- (ii)
- Proposed Findings of Fact and cnclusions of Law shall be filed three days prior to docket call; and
(iii) A list of witnesses and exhibits, except for those being used for impeachment purposes, shall be filed with the court.
Trial docket calls and trial settings may be taken off the docket for resets/settlements if a telephone call, letter, email or fax, signed by an attorney is received no later than 10:00 a.m. on the business day prior to the hearing.
Motions for Default Judgment
Motions for default judgment always require a hearing.
Motions for Summary Judgment
Motions for summary judgment always require a hearing.
Adversary Proceedings Against Multiple Defendants
The court strongly discourages the filing of a single adversary proceeding against multiple, unrelated defendants involving unrelated facts or transfers. To the extent that counsel believes such an adversary proceeding is appropriate and such an adversary proceeding is filed, counsel shall, prior to any docket call thereon, provide the court no later than 2 business days prior to docket call, a list or chart summarizing the
status of the adversary proceeding as against each defendant – i.e., whether the defendant has defaulted, whether the defendant has agreed to a settlement, whether the defendant has been dismissed from the lawsuit, etc.
Omnibus Objections to Claims
A party re-setting an omnibus objection to multiple claims shall provide the Court, no later than 2 business days prior to the re-set date, with a list or chart setting forth the claims objections which remain to be determined on the reset date.
