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LBR 9020-1 Motion for Order to Show Cause
Kirk: A motion and an application are very similar, but have different time frames. I have always filed an application for an order to show cause. If the rule now requires a motion, that is odd, but the motion is to be like an application, not like a 9013 motion (the new rules have many, many conflicts.) Just write an motion for the OSC that has the time frames in rule 9020-1(a)
Sent from mars
On Jun 6, 2013, at 4:06 PM, Kirk Brennan wrote:
> I'm really confused by LBR 9020-1 governing Motions for Order to Show Cause re Contempt.
> LBR 9020-1(a) states that "contempt proceedings are initiated by filing a motion that conforms with LBR 9013-1..." LBR 9013-1 is the LBR section governing motion practice. It provides time frames for motions requiring hearing and motions filed on negative notice among other things, but does not address Motions for OSC.
>
> but LBR 9020-1(b) states that the "motion must be served on the responding party which shall have 7 days to object to the issuance of the order to show cause."
>
> So...
> If I file a Motion for OSC on regular notice per LBR 9013-1 the notice will say that respondent has to respond 14 days prior to the hearing date. However, this contradicts LBR 9020-1(b) which provides only 7 days for respondent to object!
>
> Any guidance on this?
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
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>
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Use 7 days. The rules are inconsistent. Use the shortest term, or you will be overruled by court.
d
Sent from my iPad
On Jun 6, 2013, at 4:06 PM, Kirk Brennan wrote:
> I'm really confused by LBR 9020-1 governing Motions for Order to Show Cause re Contempt.
> LBR 9020-1(a) states that "contempt proceedings are initiated by filing a motion that conforms with LBR 9013-1..." LBR 9013-1 is the LBR section governing motion practice. It provides time frames for motions requiring hearing and motions filed on negative notice among other things, but does not address Motions for OSC.
>
> but LBR 9020-1(b) states that the "motion must be served on the responding party which shall have 7 days to object to the issuance of the order to show cause."
>
> So...
> If I file a Motion for OSC on regular notice per LBR 9013-1 the notice will say that respondent has to respond 14 days prior to the hearing date. However, this contradicts LBR 9020-1(b) which provides only 7 days for respondent to object!
>
> Any guidance on this?
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
>
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If the standard Notice says they have to respond at least 14 days prior to
the hearing, but LBR 9020-1 gives them only 7 days, then unless they are
familiar with LBR 9020-1, they will likely miss the deadline.
Maybe it's not a big deal. Will find out soon enough.
On Thu, Jun 6, 2013 at 4:37 PM, Michael Avanesian
wrote:
> **
>
>
> Maybe I misunderstand you. Avoiding the 9006 issue:
>
> One LBR says they have 7 days to respond. The other says they have to
> respond 14 days before the hearing.
>
> Suppose you serve using the minimum 21 days before a hearing. If the
> opponent responds in 7 days, that will be 14 days before the hearing. Both
> LBRs are satisfied.
>
> Suppose you file an OSC and set it 30 days out. I think they get at least
> 7 days to respond, but must respond 14 days before the giving (and
> therefore, give you 7 days to respond, which happens to be 7 days before
> the hearing date). Both LBRs are satisfied.
>
> However, if you set the hearing on 20 days notice. They get 7 days to
> respond, but on the 7th day, they are responding 13 days before the
> hearing. The LBR is not satisfied and so you did it wrong. This is all
> guesswork on my part though.
>
> And don't forget 9006! As a general rule, unless I see otherwise, I set
> everything out 24 days.
>
>
>
> Sincerely,
> Michael Avanesian
> Law Offices of David A. Tilem
> www.tilemlaw.com
> 818-507-6000
>
>
> On Thu, Jun 6, 2013 at 4:06 PM, Kirk Brennan wrote:
>
>> **
>>
>>
>> I'm really confused by LBR 9020-1 governing Motions for Order to Show
>> Cause re Contempt.
>> LBR 9020-1(a) states that "contempt proceedings are initiated by filing a
>> motion that conforms with LBR 9013-1..." LBR 9013-1 is the LBR section
>> governing motion practice. It provides time frames for motions requiring
>> hearing and motions filed on negative notice among other things, but does
>> not address Motions for OSC.
>>
>> but LBR 9020-1(b) states that the "motion must be served on the
>> responding party which shall have 7 days to object to the issuance of the
>> order to show cause."
>>
>> So...
>> If I file a Motion for OSC on regular notice per LBR 9013-1 the notice
>> will say that respondent has to respond 14 days prior to the hearing date.
>> However, this contradicts LBR 9020-1(b) which provides only 7 days for
>> respondent to object!
>>
>> Any guidance on this?
>>
>> --
>> Kirk Brennan
>>
>> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
>> exclusive and confidential use of the intended recipient. If you are not
>> the intended recipient, please do not read, distribute or take action in
>> reliance on this message. If you have received this message in error,
>> please notify us immediately by return e-mail and promptly delete this
>> message and its attachments from your computer system. We do not waive
>> attorney-client or work product privilege by the transmission of this
>> message.
>> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
>> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
>> be used to establish reasonable reliance on the opinion of counsel for the
>> purpose of avoiding the penalty imposed by Section 6662A of the Internal
>> Revenue Code. The firm provides reliance opinions only in formal opinion
>> letters containing the signature of a director.
>>
>>
>
>
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
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the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
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message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
If the standard Notice says they have to respond at least 14 days prior to the hearing, but LBR 9020-1 gives them only 7 days, then unless they are familiar with LBR 9020-1, they will likely miss the deadline.
Maybe it's not a big deal. Will find out soon enough.On Thu, Jun 6, 2013 at 4:37 PM, Michael Avanesian <michael@avanesianlaw.com> wrote:
Maybe I misunderstand you. Avoiding the 9006 issue:One LBR says they have 7 days to respond. The other says they have to respond 14 days before the hearing.
Suppose you serve using the minimum21 days before a hearing. If the opponent responds in 7 days, that will be 14 days before the hearing. Both LBRs are satisfied.Suppose you file an OSC and set it 30 days out. I think they get at least 7 days to respond, but must respond 14 days before the giving (and therefore, give you 7 days to respond, which happens to be 7 days before the hearing date). Both LBRs are satisfied.
However, if you set the hearing on 20 days notice. They get 7 days to respond, but on the 7th day, they are responding 13 days before the hearing. The LBR is not satisfied and so you did it wrong. This is all guesswork on my part though.
And don't forget 9006! As a general rule, unless I see otherwise, I set everything out 24 days.Sincerely,
Michael AvanesianLaw Offices of David A. Tilemwww.tilemlaw.com818-507-6000
On Thu, Jun 6, 2013 at 4:06 PM, Kirk Brennan <kirkinhermosa@gmail.com> wrote:
I'm really confused by LBR 9020-1 governing Motions for Order to Show Cause re Contempt.LBR 9020-1(a) states that "contempt proceedings are initiated by filing a motion that conforms with LBR 9013-1..." LBR 9013-1 is the LBR section governing motion practice. It provides time frames for motions requiring hearing and motions filed on negative notice among other things, but does not address Motions for OSC.
but LBR 9020-1(b) states that the "motion must be served on the responding party which shall have 7 days to object to the issuance of the order to show cause."So...If I file a Motion for OSC on regular notice per LBR 9013-1 the notice will say that respondent has to respond 14 days prior to the hearing date. However, this contradicts LBR 9020-1(b) which provides only 7 days for respondent to object!
Any guidance on this?-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.
Maybe I misunderstand you. Avoiding the 9006 issue:
One LBR says they have 7 days to respond. The other says they have to
respond 14 days before the hearing.
Suppose you serve using the minimum 21 days before a hearing. If the
opponent responds in 7 days, that will be 14 days before the hearing. Both
LBRs are satisfied.
Suppose you file an OSC and set it 30 days out. I think they get at least 7
days to respond, but must respond 14 days before the giving (and therefore,
give you 7 days to respond, which happens to be 7 days before the hearing
date). Both LBRs are satisfied.
However, if you set the hearing on 20 days notice. They get 7 days to
respond, but on the 7th day, they are responding 13 days before the
hearing. The LBR is not satisfied and so you did it wrong. This is all
guesswork on my part though.
And don't forget 9006! As a general rule, unless I see otherwise, I set
everything out 24 days.
Sincerely,
Michael Avanesian
Law Offices of David A. Tilem
www.tilemlaw.com
818-507-6000
On Thu, Jun 6, 2013 at 4:06 PM, Kirk Brennan wrote:
> **
>
>
> I'm really confused by LBR 9020-1 governing Motions for Order to Show
> Cause re Contempt.
> LBR 9020-1(a) states that "contempt proceedings are initiated by filing a
> motion that conforms with LBR 9013-1..." LBR 9013-1 is the LBR section
> governing motion practice. It provides time frames for motions requiring
> hearing and motions filed on negative notice among other things, but does
> not address Motions for OSC.
>
> but LBR 9020-1(b) states that the "motion must be served on the responding
> party which shall have 7 days to object to the issuance of the order to
> show cause."
>
> So...
> If I file a Motion for OSC on regular notice per LBR 9013-1 the notice
> will say that respondent has to respond 14 days prior to the hearing date.
> However, this contradicts LBR 9020-1(b) which provides only 7 days for
> respondent to object!
>
> Any guidance on this?
>
> --
> Kirk Brennan
>
> CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
> exclusive and confidential use of the intended recipient. If you are not
> the intended recipient, please do not read, distribute or take action in
> reliance on this message. If you have received this message in error,
> please notify us immediately by return e-mail and promptly delete this
> message and its attachments from your computer system. We do not waive
> attorney-client or work product privilege by the transmission of this
> message.
> TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
> constitute a "reliance opinion" as defined in IRS Circular 230 and may not
> be used to establish reasonable reliance on the opinion of counsel for the
> purpose of avoiding the penalty imposed by Section 6662A of the Internal
> Revenue Code. The firm provides reliance opinions only in formal opinion
> letters containing the signature of a director.
>
>
>
Maybe I misunderstand you. Avoiding the 9006 issue:One LBR says they have 7 days to respond. The other says they have to respond 14 days before the hearing.
Suppose you serve using the minimum21 days before a hearing. If the opponent responds in 7 days, that will be 14 days before the hearing. Both LBRs are satisfied.Suppose you file an OSC and set it 30 days out. I think they get at least 7 days to respond, but must respond 14 days before the giving (and therefore, give you 7 days to respond, which happens to be 7 days before the hearing date). Both LBRs are satisfied.
However, if you set the hearing on 20 days notice. They get 7 days to respond, but on the 7th day, they are responding 13 days before the hearing. The LBR is not satisfied and so you did it wrong. This is all guesswork on my part though.
And don't forget 9006! As a general rule, unless I see otherwise, I set everything out 24 days.Sincerely,
Michael AvanesianLaw Offices of David A. Tilemwww.ti
The post was migrated from Yahoo.
I'm really confused by LBR 9020-1 governing Motions for Order to Show Cause
re Contempt.
LBR 9020-1(a) states that "contempt proceedings are initiated by filing a
motion that conforms with LBR 9013-1..." LBR 9013-1 is the LBR section
governing motion practice. It provides time frames for motions requiring
hearing and motions filed on negative notice among other things, but does
not address Motions for OSC.
but LBR 9020-1(b) states that the "motion must be served on the responding
party which shall have 7 days to object to the issuance of the order to
show cause."
So...
If I file a Motion for OSC on regular notice per LBR 9013-1 the notice will
say that respondent has to respond 14 days prior to the hearing date.
However, this contradicts LBR 9020-1(b) which provides only 7 days for
respondent to object!
Any guidance on this?
Kirk Brennan
CONFIDENTIALITY NOTICE: This e-mail and any attachments are for the
exclusive and confidential use of the intended recipient. If you are not
the intended recipient, please do not read, distribute or take action in
reliance on this message. If you have received this message in error,
please notify us immediately by return e-mail and promptly delete this
message and its attachments from your computer system. We do not waive
attorney-client or work product privilege by the transmission of this
message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not
constitute a "reliance opinion" as defined in IRS Circular 230 and may not
be used to establish reasonable reliance on the opinion of counsel for the
purpose of avoiding the penalty imposed by Section 6662A of the Internal
Revenue Code. The firm provides reliance opinions only in formal opinion
letters containing the signature of a director.
I'm really confused by LBR 9020-1 governing Motions for Order to Show Cause re Contempt.LBR 9020-1(a) states that "contempt proceedings are initiated by filing a motion that conforms with LBR 9013-1..." LBR 9013-1 is the LBR section governing motion practice. It provides time frames for motions requiring hearing and motions filed on negative notice among other things, but does not address Motions for OSC.
but LBR 9020-1(b) states that the "motion must be served on the responding party which shall have 7 days to object to the issuance of the order to show cause."So...If I file a Motion for OSC on regular notice per LBR 9013-1 the notice will say that respondent has to respond 14 days prior to the hearing date. However, this contradicts LBR 9020-1(b) which provides only 7 days for respondent to object!
Any guidance on this?-- Kirk BrennanCONFIDENTIALITY NOTICE: This e-mail and any attachments are for the exclusive and confidential use of the intended recipient. If you are not the intended recipient, please do not read, distribute or take action in reliance on this message. If you have received this message in error, please notify us immediately by return e-mail and promptly delete this message and its attachments from your computer system. We do not waive attorney-client or work product privilege by the transmission of this message.
TAX ADVICE NOTICE: Tax advice, if any, contained in this e-mail does not constitute a "reliance opinion" as defined in IRS Circular 230 and may not be used to establish reasonable reliance on the opinion of counsel for the purpose of avoiding the penalty imposed by Section 6662A of the Internal Revenue Code. The firm provides reliance opinions only in formal opinion letters containing the signature of a director.
The post was migrated from Yahoo.