Bankruptcy Lawyers Dallas - Judge Stacey G.C. Jernigan

Judge Stacey G. C. Jernigan

Address

Judge Jernigan’s chambers are located at 1100 Commerce Street, Room 1254, Dallas, TX 75242-1496. Her courtroom is located in Room 1428 (Courtroom #1) on the 14th floor.

Telephone Numbers

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

Judicial Assistant 214-753-2040 Law Clerk 214-753-2042 Courtroom Deputy 214-753-2046 Courtroom Deputy Email sgj_settings@txnb.uscourts.gov

Order Submission

Approved orders requiring immediate attention should be uploaded in ECF and counsel should notify the courtroom deputy by email. Disagreements over the form of orders should be submitted to the judge in writing 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. Claims objections and trustee’s final account hearings are set with 30 days notice.

All settings, except emergencies and expedited requests, 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 Jernigan’s self-calendaring procedures online at:

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

Settings that do not comply with self-calendaring guidelines may be obtained by emailing the courtroom deputy at sgj_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. Counsel may request a telephonic hearing by emailing the courtroom deputy at sgj_settings@txnb.uscourts.gov . See Appendix A for more information.

Emergency/Expedited Requests

As a courtesy, please notify the courtroom deputy 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 Jernigan schedules preliminary hearings on motions to lift stay on Thursday afternoons at 1:30 p.m. Please see Judge Jernigan’s self-calendaring procedures online at http://www.txnb.uscourts.gov/calendars/sgj/self.jsp for a list of preliminary hearing dates and for information regarding final hearing settings. In addition, information regarding removing lift stay motions from the court’s docket may also be found in the self-calendaring procedures at:

http://www.txnb.uscourts.gov/calendars/sgj/liftstaychanges.jsp

Default orders uploaded prior to the scheduled preliminary hearing date will be held until the hearing for signature.

Motion to Continue/Extend the Automatic Stay

Please see Clerk’s Notice 06-06 dated April 12, 2006 for requirements for motions to continue/extend the automatic stay pursuant to 11 U.S.C. § 362 (c)(3)(B). Motions to continue or impose the automatic stay will ordinarily be set on the preliminary hearing docket unless a special setting is needed to provide adequate notice, or in the rare circumstance that an expedited hearing is granted.

U.S. Trustee Docket

The U.S. Trustee’s docket is typically scheduled on the first Wednesday of the month at 1:30 p.m. Settings are scheduled by Nancy Resnick, Office of the U.S. Trustee. Notice of the U.S. Trustee’s docket is served by the clerk’s office.

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 or by self-calendaring. The courtroom deputy only sets matters on this docket when instructed by the judge.

Resets/Removals from the Docket (Non-lift stay motions)

After hearings have been noticed, continuances may only be granted by court order upon motion. A party shall either file a written motion or, with the opposing side present or in agreement, present an oral motion. The motion shall establish cause for the continuance. The movant shall confer with the opposing party and advise the court if the motion is contested. A written motion shall not exceed two pages in length. The court may decide the motion by minute entry or by separate written order. The court appreciates a courtesy call or email to the courtroom deputy regarding the desired continuances, but the continuances themselves must be by court order.

For information regarding continuances of lift stay motions, please see Judge Jernigan’s self-calendaring procedures online at http://www.txnb.uscourts.gov/calendars/sgj/liftstaychanges.jsp .

For settlements and agreed orders obviating the need for a hearing, counsel need not appear at the scheduled hearing if, prior to the hearing, counsel has notified the courtroom deputy by email or fax that parties have settled, will upload an agreed order or has otherwise appeared to place the agreement on the record. The communication to the court will be included in the case record. Otherwise, the parties shall appear at the scheduled hearing to place the agreement on the record.

Fee Applications

General Order 2003-03 (modifies General Order 98-4) shall govern hearings on fee applications in Chapter 13 cases. Judge Jernigan requires a hearing on all fee application in Chapter 7 and 11 cases. Hearings on fee applications in Chapter 7 or Chapter 11 cases may be self-calendared. Fee applications in Chapter 7 cases may be submitted with the trustee’s final report, but the applicant must inform the court on the style of the pleading. If submitted with the trustee’s final report, a hearing will be set if an objection is filed or the court orders otherwise.

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 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 Jernigan’s trial docket call is scheduled on the second Monday of the month at 1:30 p.m. A list of trial docket call dates is available on the court’s website. The judge will schedule trials at the docket call and by signed court order.

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 the Standing Scheduling Order 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:

(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 call and trial settings are only reset by motion to continue or oral motion in court. These settings 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 hearing.

Motions for Default Judgment

Default judgments may be requested at trial docket call or by motion. If by motion, a hearing is required.

Motions for Summary Judgment

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