Bankruptcy Lawyers Dallas - Judge Harlin D. Hale

Judge Harlin D. Hale

Address

Judge Hale’s chambers and courtroom are located at 1100 Commerce Street, Room 1421, Dallas, TX 75242-1496. His courtroom is located in Room 1428 (Courtroom #1) on the 14th floor.

Telephone Numbers

Telephone inquiries to Judge Hale’s chambers should be directed to the following:

Judicial Assistant 214-753-2016 Law Clerk 214-753-2017 Courtroom Deputy 214-753-2060 Courtroom Deputy Email hdh_settings@txnb.uscourts.gov ECRO 214-753-2105

Order Submission

In extraordinary situations, attorneys may present agreed orders at the 9:00 a.m. and 1:30 p.m. docket calls and are advised to contact the courtroom deputy to confirm dates and times for the docket calls.

Orders requiring immediate attention should be uploaded through Proposed Order Upload in ECF and counsel should notify the courtroom deputy by email. In an emergency, orders may be presented to chambers after calling chambers in advance.

Disagreements over the form of orders are greatly discouraged and should be submitted to the judge in writing.

Scheduling Settings

Most motions are scheduled with at least 20 days notice from the date the motion is filed and served. Disclosure statements and Chapter 11 plans are set with 25 to 30 days notice. Claims objections and trustee’s final account hearings are set with at least 30 days notice.

All settings, except emergencies and expedited are set 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.

Settings requiring 30 minutes or less of court time may be self-calendared. The court strongly encourages the self-calendaring of motions. Please review Judge Hale’s self-calendaring procedures online at:

- http://www.txnb.uscourts.gov/calendars/hdh/self.jsp

Settings that do not comply with self-calendaring guidelines may be obtained by emailing the courtroom deputy at hdh_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, number of parties seeking to appear by phone, associated time and cost of travel, and equity to all parties. Counsel may request a telephonic hearing by emailing the courtroom deputy at hdh_settings@txnb.uscourts.gov at least 24 hours before the hearing.

Generally, a witness will not be allowed to testify via telephone absent the advance consent of the parties participating in the hearing.

Emergency/Expedited Requests

True emergency matters will be dealt with as they arise in the most expeditious manner possible under the prevailing circumstances. Emergency matters 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

Emergency/expedited settings will be dealt with as they arise in the most expeditious.

Motion to Lift/Annul/Modify or Relief From Stay

Dallas preliminary hearings on motions to lift stay are set by phone or email and must be set by movant within 30 days from the date of filing with notice to all parties. Preliminary hearings are scheduled on Wednesdays at 1:30 p.m.

Final hearings are usually scheduled on Wednesdays at 2:30 p.m., except during trial week.

Preliminary hearings may be rescheduled to a final hearing or another preliminary hearing, or removed from the docket prior to the hearing by a phone call or email to the courtroom deputy by the movant. Notice must be given to the respondent(s). Final hearings may also be rescheduled or removed prior to the hearing in the same manner.

U.S. Trustee Docket

The U.S. Trustee’s docket is scheduled every fourth Thursday of the month at 9:00 a.m. The attorney in the Office of the U.S. Trustee handling Judge Hale’s cases schedules settings.

Chapter 13 Trustee Docket

The Chapter 13 Trustee’s docket is scheduled on the fourth Thursday of the month. These dockets are prepared by the Chapter 13 Trustee’s office and a list of contested matters is faxed 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)

When requesting a continuance, movant shall certify to the courtroom deputy that all parties agree to the continuance. Improper resetting is grounds for substantial sanction. Frequently agreed passes on the same matter may eventually necessitate proof of client consent or result in the matter being dismissed for want of prosecution.

Fee Applications

Most applications for fees require a setting and may be self-calendared.

Trustee’s Final Report

Final reports are set for hearing only when an objection is filed. The trustee will notice the objecting party only.

Trial Docket Call/Adversaries

Typically, Judge Hale’s trial docket call is scheduled on the fourth Monday of the month at 9:00 a.m. A list of trial docket call dates is available on the court’s website at

http://www.txnb.uscourts.gov/calendars/hdh/self.jsp

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 the standing scheduling order with the summons and complaint on all parties. 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:

(iv)

A proposed pretrial order shall be served and filed seven calendar days prior to docket call;

(v)

Proposed findings of fact and conclusions of law shall be
filed three days prior to docket call; and

(vi)

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 are only reset by motion to continue and oral motion in court. They may be taken off the docket for settlements if a letter, email or fax, signed by an attorney of record is received prior to the setting.

Thirty days following an announcement of settlement of an adversary proceeding, the case will be dismissed for want of prosecution unless written explanation is furnished to the court explaining why the case should be retained on the docket or be reset.

Motions for Default Judgment

Motions for default judgment always require a hearing and will be set prior to the trial docket call if possible.

Motions for Summary Judgment

Motions for summary judgment require a hearing unless the parties request the motion be decided on pleadings.