.jpg)
LOU Orders Upload
Hi Everyone:
It is amazing what can be found in the Court Manual on the Court's
Web-site. Section 4 was by far the most helpful explanation of how to
prepare the proof of service and notice of entered order. *Section
4-1*talks about the order format. But the explanation of what to do
with the
Proof of Service and the Notice of Entered Order was very helpful. I wish I
had read the Manual before I bugged all of you to explain it to me. But for
those that are still confused, read below.
(3) Proof of Service.
(A) Electronic Signatures. An electronic signature (/s/ followed by typed
name) is allowed on the Proof of Service of Document page, as long as the
person whose electronic signature is used is employed at the office/firm of
the attorney whose CM/ECF live login password will be used to lodge the
proposed order being served.
(B) Mandatory LBR Form 9013-3.1. Comply with LBR 9021-1 by including a
Proof of Service page of the proposed form of order, including for orders
related to unopposed motions or other unopposed requests for relief. The
proof of service must be on court mandated LBR form F 9013-3.1 or must
use the exact language and format of that LBR form.
(C) Organizing Contact Information on Service List. Comply with LBR 9021-
1(b) when organizing the list for the Proof of Service of Document:
(i) Proposed Order on Unopposed Motions. Pursuant to LBR 9021-
1(b)(4), there is no obligation to serve a proposed form or order on
any person, entity, or attorney who did not file an opposition to the
moving paper(s). This includes a case trustee or the United States
Trustee.
(ii) Proposed Order when Opposition to Motion was Filed. Pursuant to
LBR 9021-1(b)(3)(A), a proposed order must be served only upon
any person, entity, or attorney who filed an opposition to the
moving papers. There is no obligation to serve the proposed
order on any other person or entity, including a case trustee or
the United States Trustee.
(iii) Judges Copy. The presiding judge must always be listed on the
proof of service, except for proposed orders listed below under
section 4-2(c)(4), Exceptions. See Appendix F for instructions.
(4) Notice of Entered Order and Service List.
(A) Mandatory LBR Form F 9021-1.1. The last part of a proposed order must
be a Notice of Entered Order and Service List using mandatory LBR form
F 9021-1.1, or the exact format and language of that form.
(B) Duty to Serve, Service Methods. Pursuant to FRBP 9022, the court has the
duty to transmit a copy of an order only to the U.S. trustee, and to deliver
notice of entry of an order only to contesting parties or as the court
directs.
Allowable service methods are in FRCP Rule 5(b), and include service via
NEF. When organizing the Notice of Entered Order and Service List:
(i) Court Service. The courts policy is for the court to send a copy of
an entered order to the debtor and debtors attorney, the U.S.
Trustee, and any person or entity who filed a paper in connection
with the relief requested.
(ii) Limited Service List. Only include those persons or entities who are
entitled to service of the entered order. See LBR 9021-1(b)(1)(D),
LBR 2002-2(a), FRBP 9022 and other relevant FRBP to determine
persons or entities entitled to service of the entered order.
(iii) Proper Categories. Organize the Notice of Entered Order and
Service List using the three categories identified below:
a. Category I: To be Served by the Court via Notice of
Electronic Filing (NEF). List the names and e-mail
address of attorneys (including movants counsel) who
qualify under Court Service and are listed in CM/ECF on
the Electronic Mail Notice List to receive NEF transmission.
The U.S. Trustee and case trustee will always be in this
category.
b. Category II: To be Served by the Court via U.S. Mail. The
debtor will always be in this category. Also list the names
and mailing addresses of persons, entities, and/or
attorneys (including movants counsel) who qualify under
Electronic Mail Notice List to receive NEF transmission.
DO NOT list names that are served via NEF, nor any other
person/entity, including other lien holders, co-borrowers, or
persons/entities who merely file a request for special
notice.
c. Category III: To be Served by the Lodging Party.
Recognizing that a movant may wish for additional persons
or entities to receive a copy of an entered order, and
balancing this with limiting the courts duty to serve notice
of entry of an order, the movant may serve a copy of the
entered order on additional person or entities and list the
names and method of service in this section. Movant must
then file a proof of service certifying that service has been
rendered.
NOTE: A judges copy of this proof of service is not required.
(iv) Identifying NEF Recipients. To identify persons or entities who are
to be served electronically, log into CM/ECF (not PACER). Access
the information by selecting Utilities > Miscellaneous > Mailings...
> Mailing Info for a Case > (insert Case/Adv number) > Submit.
Electronic recipients will be listed under Electronic Mail Notice
List.
(v) Identifying BNC Recipients. To identify persons or entities who are
to be served either by U.S. Mail, or electronically by the BNC, log
into CM/ECF (not PACER). Access the information by selecting
Utilities > Miscellaneous > Mailings... > Mailing Info for a Case >
(insert Case/Adv number) > Submit. Persons or entities to be
served via BNC will be listed under Manual Notice List.
(c) Serving a Judges Copy. Except as provided in paragraph (4) below,
pursuant to LBR
9021-1(a), within 48 hours of a proposed order being lodged via LOU, the
following items
must be served as a Judges Copy according to the instructions in Appendix F
of this
Manual:
(1) One Copy. One copy of the proposed order;
(2) LOU Receipt. One copy of the LOU confirmation receipt (See section
4-3(d) of this
Manual, for a sample confirmation receipt); and
(3) Envelopes.
(A) Pursuant to LBR 9021-1(a)(1)(D), the proposed order must be
accompanied by stamped, addressed envelopes for all persons or entities
who will be served by the court non-electronically to include only the
debtor
(and debtors attorney, if any), movant (or movants attorney, if any), and
all parties (or their attorneys, if any) who filed an opposition or other
objection to the relief requested; or,
(B) If the order being lodged is of the type listed in section 4-6(a)(6) of
this
Manual, List of of Orders Served through the BNC, DO NOT send envelopes
to the court.
Hopes this helps someone else out. It taught me how to do it, but it also
taught me to stop being so afraid to look for the information and read it
for myself and know what is suppose to be done. Don't just send an email to
cdcbaa looking for easy answer. Sorry to everyone if I do that too much.
Thanks for your patience.
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (323) 304-5496
NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice
for ex parte Applications via voicemail or by email. You must comply with
California Law and give notice to a person in my office during regular
business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and
confidential information and is intended only for the individual named. If
you are not the intended recipient you should not disseminate, distribute,
store, print, copy or deliver this message. Please notify the sender
immediately by e-mail if you have received this e-mail by mistake and delete
this e-mail from your system.
Hi Everyone: It is amazing what can be found in the Court Manual on the Court's Web-site. Section 4 was by far the most helpful explanation of how to prepare the proof of service and notice of entered order. Section 4-1 talks about the order format. But the explanation of what to do with the Proof of Service and the Notice of Entered Order was very helpful. I wish I had read the Manual before I bugged all of you to explain it to me. But for those that are still confused, read below.
(3) Proof of Service.(A) Electronic Signatures. An electronic signature (/s/ followed by typedname) is allowed on the Proof of Service of Document page, as long as theperson whose electronic signature is used is employed at the office/firm of
the attorney whose CM/ECF live login password will be used to lodge theproposed order being served.(B) Mandatory LBR Form 9013-3.1. Comply with LBR 9021-1 by including aProof of Service page of the proposed form of order, including for orders
related to unopposed motions or other unopposed requests for relief. Theproof of service must be on court mandated LBR form F 9013-3.1 or mustuse the exact language and format of that LBR form.(C) Organizing Contact Information on Service List. Comply with LBR 9021-
1(b) when organizing the list for the Proof of Service of Document:(i) Proposed Order on Unopposed Motions. Pursuant to LBR 9021-1(b)(4), there is no obligation to serve a proposed form or order onany person, entity, or attorney who did not file an opposition to the
moving paper(s). This includes a case trustee or the United StatesTrustee.(ii) Proposed Order when Opposition to Motion was Filed. Pursuant toLBR 9021-1(b)(3)(A), a proposed order must be served only upon
any person, entity, or attorney who filed an opposition to themoving papers. There is no obligation to serve the proposedorder on any other person or entity, including a case trustee orthe United States Trustee.
(iii) Judges Copy. The presiding judge must always be listed on theproof of service, except for proposed orders listed below undersection 4-2(c)(4), Exceptions. See Appendix F for instructions.(4) Notice of Entered Order and Service List.
(A) Mandatory LBR Form F 9021-1.1. The last part of a proposed order mustbe a Notice of Entered Order and Service List using mandatory LBR formF 9021-1.1, or the exact format and language of that form.
(B) Duty to Serve, Service Methods. Pursuant to FRBP 9022, the court has theduty to transmit a copy of an order only to the U.S. trustee, and to delivernotice of entry of an order only to contesting parties or as the court directs.
Allowable service methods are in FRCP Rule 5(b), and include service viaNEF. When organizing the Notice of Entered Order and Service List:(i) Court Service. The courts policy is for the court to send a copy of
an entered order to the debtor and debtors attorney, the U.S.Trustee, and any person or entity who filed a paper in connectionwith the relief requested.(ii) Limited Service List. Only include those persons or entities who are
entitled to service of the entered order. See LBR 9021-1(b)(1)(D),LBR 2002-2(a), FRBP 9022 and other relevant FRBP to determinepersons or entities entitled to service of the entered order.(iii) Proper Categories. Organize the Notice of Entered Order and
Service List using the three categories identified below:a. Category I: To be Served by the Court via Notice ofElectronic Filing (NEFqualify under Court Service and are listed in CM/ECF onthe Electronic Mail Notice List to receive NEF transmission.The U.S. Trustee and case trustee will always be in thiscategory.b. Category II: To be Served by the Court via U.S. Mail. The
debtor will always be in this category. Also list the namesand mailing addresses of persons, entities, and/orattorneys (including movants counsel) who qualify underCourt Service but are not listed in CM/ECF on the
Electronic Mail Notice List to receive NEF transmission.DO NOT list names that are served via NEF, nor any otherperson/entity, including other lien holders, co-borrowers, orpersons/entities who merely file a request for special
notice.c. Category III: To be Served by the Lodging Party.Recognizing that a movant may wish for additional personsor entities to receive a copy of an entered order, andbalancing this with limiting the courts duty to serve notice
of entry of an order, the movant may serve a copy of theentered order on additional person or entities and list thenames and method of service in this section. Movant mustthen file a proof of service certifying that service has been
rendered.NOTE: A judges copy of this proof of service is not required.(iv) Identifying NEF Recipients. To identify persons or entities who areto be served electronically, log into CM/ECF (not PACER). Access
the information by selecting Utilities > Miscellaneous > Mailings...> Mailing Info for a Case > (insert Case/Adv number) > Submit.Electronic recipients will be listed under Electronic Mail Notice
List.(v) Identifying BNC Recipients. To identify persons or entities who areto be served either by U.S. Mail, or electronically by the BNC, loginto CM/ECF (not PACER). Access the information by selecting
Utilities > Miscellaneous > Mailings... > Mailing Info for a Case >(insert Case/Adv number) > Submit. Persons or entities to beserved via BNC will be listed under Manual Notice List.(c) Serving a Judges Copy. Except as provided in paragraph (4) below, pursuant to LBR
9021-1(a), within 48 hours of a proposed order being lodged via LOU, the following itemsmust be served as a Judges Copy according to the instructions in Appendix F of thisManual:(1) One Copy. One copy of the proposed order;
(2) LOU Receipt. One copy of the LOU confirmation receipt (See section 4-3(d) of thisManual, for a sample confirmation receipt); and(3) Envelopes.(A) Pursuant to LBR 9021-1(a)(1)(D), the proposed order must be
accompanied by stamped, addressed envelopes for all persons or entitieswho will be served by the court non-electronically to include only the debtor(and debtors attorney, if any), movant (or movants attorney, if any), and
all parties (or their attorneys, if any) who filed an opposition or otherobjection to the relief requested; or,(B) If the order being lodged is of the type listed in section 4-6(a)(6) of thisManual, List of of Orders Served through the BNC, DO NOT send envelopes
to the court.Hopes this helps someone else out. It taught me how to do it, but it also taught me to stop being so afraid to look for the information and read it for myself and know what is suppose to be done. Don't just send an email to cdcbaa looking for easy answer. Sorry to everyone if I do that too much. Thanks for your patience.
R. Grace Rodriguez, Esq.OFF: (818) 734-7223CEL: (323) 304-5496NO EX-PARTE NOTICE VIA VOICE MAIL OR EMAIL: I do not accept e-mail notice for ex parte Applications via voicemail or by email. You must comply with California Law and give notice to a person in my office during regular business hours.
CONFIDENTIALITY STATEMENT: This message contains privileged and confidential information and is intended only for the individual named. If you are not the intended recipient you should not disseminate, distribute, store, print, copy or deliver this message. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.
The post was migrated from Yahoo.
charset="ISO-8859-1"
Well, Vicki, if its rejected, by definition, it wasnt successfully
uploaded . . . . ;-}
More seriously, the orders lodged online must have a proof of service, both
of the proposed order, and the notice of entered order. I have downloaded
Form 9021-1.1, Notice of Entered Order, in Word from the courts website. I
cut and paste the appropriate text and add it to the end of the proposed
order. The court allows /s/ Asst Name as the signature on the proof of
service on the proposed order. If the motion wasnt opposed, I include a
statement on the proof of service that no notice is needed under the local
rules. There is no signature on the notice of entered order, because it
hasnt yet been entered, and you have to do that within 72 hours after
entry. With another form.
Clear? I hope so.
I love being an attorney, but this kind of paperwork will drive me nuts.
- John D. Faucher
On 6/9/10 3:24 PM, "vicki temkin" wrote:
>
>
>
>
>
> Has anyone successfully uploaded a rejected LOU?
> The problem is POS and I would be very grateful if anyone has figured out what
> the court wants and will share.
> Vicki
>
>
> Vicki L. Temkin
> Law Office of Vicki L. Temkin
> 15030 Ventura Blvd., Ste. 19-780
> Sherman Oaks, Ca 91403
> Ph: (818) 501-4658 / Fx: (818) 501-0903
>
>
>
>
>>> - John D. Faucher
charset="ISO-8859-1"
Re: [cdcbaa] LOU Orders Upload
Well, Vicki, if it’s rejected, by definition, it wasn’t successfully uploaded . . . . ;-}
More seriously, the orders lodged online must have a proof of service, both of the proposed order, and the notice of entered order. I have downloaded Form 9021-1.1, Notice of Entered Order, in Word from the court’s website. I cut and paste the appropriate text and add it to the end
The post was migrated from Yahoo.
You normally want to list all of the email addresses in the case in the
first section of the Notice of Entry (not on the POS) and also indicate that
you will serve the order within 72 hours of entry in the notice of entry
section for such service and type out the service list there. In the POS,
if somebody objected to the Motion, you need only serve it on such objecting
parties (make sure you don't say that the Court will serve them via email
because that doesn't happen when you upload an order and will cause your
order to be rejected) -- if nobody objected, I say so in that section of the
POS and say that nobody is getting service from my office. I also indicate
that the Judge will get service in the POS (even though it seems redundant
given the language of the mandatory proof of service, but it doesn't hurt).
That usually does the trick. We've successful fixed all rejected orders to
date (a handful).
On Wed, Jun 9, 2010 at 3:24 PM, vicki temkin wrote:
>
>
> Has anyone successfully uploaded a rejected LOU?
> The problem is POS and I would be very grateful if anyone has figured out
> what the court wants and will share.
> Vicki
>
>
> Vicki L. Temkin
> Law Office of Vicki L. Temkin
> 15030 Ventura Blvd., Ste. 19-780
> Sherman Oaks, Ca 91403
> Ph: (818) 501-4658 / Fx: (818) 501-0903
>
>
>
Giovanni Orantes, Esq.
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 1980
Los Angeles, CA 90010
Tel: (213) 389-4362
Phone: (888) 619-8222 x101
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA.
Note: The information contained in this e-mail message is confidential
information intended only for the use of the individual or entity named. If
the reader of this message is not the intended recipient or an agent
responsible for delivering it to the intended recipient, you are hereby
notified that any dissemination, distribution or copy of this communication
is strictly prohibited. If you have received this communication in error,
please immediately notify us by telephone or e-mail and delete the original
e-mail at (213) 389-4362 or (888) 619-8222.
IRS Circular 230 Disclosure: In order to comply with requirements imposed by
the Internal Revenue Service, we inform you that any U.S. tax advice
contained in this communication (including any attachments) is not intended
to be used, and cannot be used, for the purpose of (i) avoiding penalties
under the Internal Revenue Code or (ii) promoting, marketing, or
recommending to another party any transaction or matter addressed herein.
You normally want to list all of the email addresses in the case in the first section of the Notice of Entry (not on the POS) and also indicate that you will serve the order within 72 hours of entry in the notice of entry section for such service and type out the service list there. In the POS, if somebody objected to the Motion, you need only serve it on such objecting parties (make sure you don't say that the Court will serve them via email because that doesn't happen when you upload an order and will cause your order to be rejected) -- if nobody objected, I say so in that section of the POS and say that nobody is getting service from my office. I also indicate that the Judge will get service in the POS (even though it seems redundant given the language of the mandatory proof of service, but it doe
The post was migrated from Yahoo.
Has anyone successfully uploaded a rejected LOU?
The problem is POS and I would be very grateful if anyone has figured out what the court wants and will share.
Vicki
Vicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph:(818) 501-4658 /Fx:(818) 501-0903
Has anyone successfully uploaded a rejected LOU?The problem is POS and I would be very grateful if anyone has figured out what the court wants and will share. VickiVicki L. Temkin Law Office of Vicki L. Temkin 15030 Ventura Blvd., Ste. 19-780 Sherman Oaks, Ca 91403 Ph: (818) 501-4658 / Fx: (818) 501-0903
The post was migrated from Yahoo.