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Change in "ORDERS DUE" procedure for Wichita Division

UNITED STATES BANKRUPTCY COURT

District of Kansas

104 U. S. Courthouse

401 N. Market

Wichita, Kansas 67202

MEMORANDUM

 

 

Date: October 25, 2000

From: Hon. Robert E. Nugent

Subject: CHANGE IN "ORDERS DUE" PROCEDURE FOR WICHITA DIVISION

Counsel are advised, that effective immediately, the Wichita Division's method of dealing with past due orders and journal entries will be changed. This change is in response to the failure of some counsel to appear on the Show Cause docket, thus frustrating the process of tracking "absent" orders and journal entries. Henceforth, the procedure will be as follows:

  • Orders Due:

As specified in L.B.R. 9074.1 orders and journal entries are due within 10 days after the hearing or announcement. If the parties involved cannot agree to the substance of the orders, I encourage counsel to utilize the objection process specified in the Local Rule.

  • Notice to Dismiss:

If orders or journal entries are not filed within the 10 days specified above, the Clerk will, at its convenience, issue a "Notice Of Deadline for Submission of Order Due." This Notice will state a date certain by which an order must be submitted ready for the Court's signature. If an order is not submitted by that date, the Clerk will be instructed to enter an order dismissing the matter or adversary proceeding in question for lack of prosecution. Please note that relief from such an order dismissing may be granted upon notice and a hearing as set forth below.

  • Relief from dismissal for lack of prosecution:

The Court may, in its sole discretion, allow a matter dismissed for lack of prosecution to be reinstated or re-filed upon notice and a hearing and THE PERSONAL APPEARANCE OF AT LEAST ONE OF COUNSEL involved. Such motion should be noticed to the motions docket in accordance to the previous published Instructions. Counsel are advised, however that the Court is unlikely to reinstate or allow the re-filing of a matter more than once. "Second" orders of dismissal may be construed as adjudications on the merits pursuant to Fed. R. Civ. P. 41(b) and Fed. R. Bankr. P. 7041.

This Court's motion docket instructions as posted on September 13, 2000 shall be deemed modified and amended to the extent set forth above.



/S/_______________________________

HON. ROBERT E. NUGENT

UNITED STATES BANKRUPTCY JUDGE

UNITED STATES BANKRUPTCY COURT

DISTRICT OF KANSAS

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