The Court discourages letters or other ex parte communications concerning cases. See Fed. R. Bankr. P. 9003. Statements regarding the merits of a matter are properly brought before the Court solely in the form of a pleading.  To the extent the parties feel it necessary to correspond with the Court regarding administrative matters, they should do so in writing and copy opposing counsel.  Unless expressly authorized by the Court, no documents, papers, or courtesy copies of filed documents are to be sent to Chambers. Judge Taddonio’s courtroom deputy will assist with the administration of procedural matters but is prohibited from giving legal advice.

Requests to continue, reschedule, or cancel a hearing must be made by written motion. Written requests to continue, reschedule, or cancel a duly-noticed hearing are considered by the Court on a case-by-case basis.  Prior to filing a request to continue, reschedule, or cancel a hearing, the moving party shall make a good faith effort to contact opposing counsel to discuss consent to such request.  All motions to continue, reschedule, or cancel a duly-noticed hearing should identify the good cause supporting the requested action and whether the parties in interest consent or object to the proposed relief.  No hearings will be continued, rescheduled, or cancelled, even if the matter has been settled, unless an appropriate motion has been electronically filed with the Clerk of Court at least two (2) business days before the scheduled hearing date.  If time does not allow filing a motion at least two (2) business days before the scheduled hearing date, the parties must appear at the scheduled hearing to provide a status report to the Court. Telephone calls to Chambers will not cause a hearing to be removed from the Court’s calendar.

All pleadings, motions, and documents must be filed with ample time for the Court to review such documents prior to the scheduled hearing.  Thus, all pleadings, motions, and documents shall be filed at least seven (7) days prior to the scheduled hearing.

All motions require a response to be filed by the opposing party unless such motion is unopposed.  When filing a joint or uncontested motion, the pleading shall be designated as such.

As a general matter, most motions, applications, and other requests for relief filed in Chapter 7, 11, 12, and 13 cases are "self-scheduled."  Parties are directed to the Court's website for information regarding the dates and times for hearings that may be self-scheduled.

1. Matters Excluded from Self-Scheduling. The following matters shall not be self-scheduled by the moving party and will be scheduled by the Court:
   
   1. Amendments and/or Modifications to Plans
   2. Amendments to Schedules
   3. Chapter 7 Trustee’s Application to Retain Herself/Himself as Counsel
   4. Chapter 11 Disclosure Statements
   5. Confirmation Hearings on Chapter 11, 12, or 13 Plans
   6. Evidentiary Hearings
   7. Matters in Adversary Proceedings
   8. Motions Brought Under § 1113 or § 1114 of the Bankruptcy Code
   9. Motions seeking:
      • Extensions of Time
      • Emergency/Expedited Hearing
      • Reconsideration or Modification of an Order, or to Vacate an Order
      • Restriction of Public Access to a Document
      • Summary Judgment
      • Temporary Restraining Order
      • Wage Attachment and/or Termination of a Wage Attachment
2. Self-Scheduling of Chapter 7, 11, 12, and 13 Matters
   
   1. Choosing a Hearing Date
      When scheduling a matter, the movant shall choose a hearing date from the list published by the Clerk of Court relating to Judge Taddonio's self-scheduling calendar dates, and the moving party shall complete, file, and serve a Notice of Hearing and Response Deadline (using GLT Form-301).  Only the hearing dates listed and published by the Clerk of Court for Judge Taddonio shall be used for self-scheduled matters.  Any matters scheduled by the movant for a date other than one listed by the Clerk of Court will be dismissed without prejudice to be refiled, renoticed, and rescheduled by the movant for an authorized date.  If a matter is dismissed for noncompliance, the filing party must serve all parties in interest with notice of the dismissal order and cancellation of the improperly scheduled hearing.
       
   2. Notice of Hearing
      Except with respect to matters that require a longer notice period (such as objections to claims), the hearing date selected by the movant must provide for at least 25 calendar days' notice of the hearing.  At least 25 calendar days before the chosen authorized hearing date, the movant shall simultaneously electronically file the motion and serve the same on the applicable trustee (if any) and the United States Trustee and all other respondents and parties in interest. The motion must be filed in sufficient time to allow: (I) up to seventeen (17) days for a response as required by Local Rule 9014-1; and (II) a deadline for filing responses/answers/objections that is no less than seven (7) days before the scheduled hearing date. Objections to claims must be filed at least thirty (30) days before the selected hearing date. Any matters scheduled by the movant which provide for less than the required period of notice will be dismissed without prejudice to be refiled, renoticed, and rescheduled by the movant for an authorized date. If a matter is dismissed for noncompliance, the filing party must serve all parties in interest with notice of the dismissal order and cancellation of the improperly scheduled hearing.
       
   3. Failure to Comply
      The Court may strike a pleading or other request for relief if the proponent fails to adhere to the self-scheduling procedures. Parties are not permitted to opt out of self-scheduling absent approval of the Court.

Counsel must appear at scheduled hearings unless the Order scheduling the hearing specifically provides otherwise.  Parties who do not appear when a case is called will be deemed to have waived their appearance and the Court will proceed with the hearing.  The Court will not vacate an order entered due to a party’s failure to appear when the case is called. Parties may track the Court’s progression through its daily calendar in real time by utilizing the Now Hearing link on the Court’s website.

If counsel is scheduled to appear simultaneously before two different bankruptcy judges, it is counsel's responsibility to promptly alert the Court that counsel's attendance is required in another courtroom.  Upon notice of counsel's obligation, the Court will endeavor to reorder the hearing list to accommodate counsel's obligation.  If counsel fails to notify the Court of the simultaneous hearings, the Court will proceed to call the case in the order in which it was originally scheduled and if counsel is not present when the case is called, counsel will be deemed to have waived their appearance.

The Court requires the use of Certificates of No Objection (a “CNO”) and Certifications of Counsel (a “COC”) as provided in Local Rules 9013-7 and 9013-8, as supplemented by these procedures.

In the absence of a properly filed CNO, a matter may be defaulted or cancelled in the discretion of the Court. Parties should check Judge Taddonio's calendar on the Court's website after 12 p.m. on the day prior to the scheduled hearing to determine if the matter remains on the calendar. Orders entered by default will be identified on the calendar. Unless a matter is removed from the calendar, the party (if pro se), or counsel for the party, must appear at the hearing.

The movant shall immediately notify the courtroom deputy upon filing an emergency motion or request for an expedited hearing pursuant to Local Rule 9013-2.  The Court will evaluate requests for an expedited hearing on a case-by-case basis and will schedule a hearing at a date and time as may be appropriate.  Courtesy copies of emergency motions or requests for expedited hearings should be delivered to the courtroom deputy unless otherwise instructed by the Court.

Effective September 1, 2021, Judge Taddonio is implementing a hybrid procedure to accommodate both in-person and remote participation for most non-evidentiary hearings. The ability to participate remotely is available only at the discretion of the Court, and it may be rescinded if a party fails to comply with Court directives. Unless otherwise ordered, all parties participating remotely shall utilize the Zoom Video Communications ("Zoom") application and adhere to the following procedures.

1. Punctuality  As with in-person hearings, remote participants must comply with paragraph 5 and be present in the "virtual courtroom" at the time their case is called. Parties must account for the time needed to connect to the hearing and be cleared through any applicable waiting room. Accordingly, all parties must join the conference not less than ten (10) minutes prior to the start of the hearing.

2. Registering to Participate Remotely

   1. All parties participating remotely must register by submitting a registration form via the link published on Judge Taddonio’s website by no later than 4 p.m. on the business day prior to the scheduled hearing, at which time the registration portal will close. Registration is open at least sixty (60) days before a scheduled hearing day and the Court recommends parties register as soon as possible, such as when a motion or an initial response is filed.
       
   2. Because the registration form is unique to each hearing date, participants must register using the link that corresponds to the correct hearing date and include the following information:
      • The participant’s name, email address, and telephone number;
      • The name of the party or parties whom the participant represents;
      • Any other required information.
         
      PARTIES WHO FAIL TO TIMELY REGISTER MAY NOT BE ADMITTED TO THE ZOOM COURTROOM AND WILL BE EXPECTED TO ATTEND IN PERSON; THE FAILURE TO ATTEND IN PERSON MAY RESULT IN THE COURT DEEMING THEIR APPEARANCE WAIVED.

       

3. Joining Hearings Remotely  After registering to participate remotely, parties will receive a confirmation email containing meeting information and the requisite links to attend the hearing. To join by computer, click on the meeting link in the confirmation email or, alternatively, enter the Meeting ID provided in the confirmation email into the Zoom mobile or desktop application. Participants will be placed into a waiting room and admitted into the main conference by the video conference host.

4. Entering a Remote Appearance  Once parties are connected through Zoom, they MUST provide their full names as their “screen names” when entering the Meeting ID to join the hearing. In hearings with a large number of participants, the Court may use the screen names to take the entry of appearances for the record.

5. Using Zoom by Telephone  At the Court’s discretion, a party that lacks the ability to participate through Zoom video may participate strictly by telephone. Any party seeking to participate solely by telephone must contact chambers three (3) business days prior to the scheduled hearing. Parties who join by telephone will dial the appropriate number and enter the Meeting ID received upon registration when prompted.

6. Rules for Remote Participation  All parties participating remotely must abide by the following directives at all times. Failure to comply with the Court’s procedures may result in the Court imposing sanctions, including but not limited to, revoking the party’s privilege to participate remotely.

   1. Basic Prohibitions The following actions are prohibited while participating remotely: (I) use of a telephone or device while in a vehicle or a public place; (II) conversing with anyone outside of the hearing; (III) failing to keep an audio microphone on “mute” when the participant is not speaking; (IV) allowing any background noise to interfere or disturb the proceedings; and (V) using the “speaker phone” function on a telephonic device. Once a participant’s hearing is called, they must remain seated and stationary at all times.
       
   2. Hearing Attire and Surroundings Appropriate business professional courtroom attire is required. Participants should also be mindful of their background so as to not distract or detract from the court proceedings. Virtual backgrounds are permitted solely to the extent that it involves a solid, neutral background. To prevent image distortion, participants should refrain from having a large light source (i.e. windows) directly behind them.
       
   3. Minimization of Noise Interference Participants must make a concerted effort to minimize all background noise and shall silence any devices that may make noise (e.g., telephones, cell phones, messaging and email alerts). All parties are responsible for the quality of their audio connection, and to that end, the Court strongly recommends that participants wear a corded headset with a microphone during hearings. Should participants choose to use a wireless device, such as AirPods or Bluetooth-enabled devices, they must remain in close proximity to the connection source and avoid movement that would interfere with the signal. The Court cannot rely on a legal argument it cannot hear.
       
   4. Recording Other than the Court, no participant may record any part of the hearing, whether by use of Zoom recording capabilities, third-party applications, photographs, screenshots, or by any other means.
       

    

7. Zoom Operating Instructions  For the purpose of ensuring a smooth and efficient hearing, all participants shall review the following information prior to the scheduled hearing to familiarize themselves with Zoom and its features:

   1. Hardware Zoom video is compatible for use on mobile devices (such as a smartphone or tablet) as well as personal computers (laptop or desktop) that have camera and microphone functions. Zoom by telephone is compatible with all telephones.
       
   2. Installation/Update of Zoom To participate, parties will need to install the Zoom application on a smartphone/tablet or install the Zoom software on a Windows, Linux, or macOS laptop/desktop. If parties already have Zoom installed on the device being used for the hearing, parties must ensure the application is updated to the most recent version.
       
   3. Testing Your Device All participants are required to test their device compatibility with Zoom requirements and their internet connection speed to ensure that it is at least 3 Mbps prior to the hearing date. Participants can conduct such tests here. Tests must be performed on the same device that will be used to participate in the hearing.
       
   4. Additional Assistance. For additional assistance using Zoom, please consult the Zoom Help Center, which offers “quick start guides” and video tutorials.
       

    

8. Off-Record Discussions Between Parties  Should participants wish to speak with each other or with clients off the record, participants should disconnect from Zoom, speak off the record, and then log back in. The video conference host will then admit returning participants into the main conference.
    

No witnesses will be heard on motions days unless otherwise specifically ordered by the Court in a particular case.  For evidentiary hearings and trials, witnesses shall appear in person.

Prior to any hearing where documentary evidence would be submitted and unless otherwise ordered, counsel shall provide the Court with three (3) complete copies of marked exhibits at least three (3) business days prior to the date set for the commencement of any proceeding in which exhibits are to be offered. Each party shall make an additional set of exhibits available for use by witnesses at the time of the taking of evidence in any proceeding. All exhibits must be marked by counsel using appropriate exhibit labels. The labels must be marked to identify the proponent of the exhibit and the date of the proceeding in which it is used. Plaintiffs/movants shall identify their exhibits through the use of letters, while defendants/respondents shall identify their exhibits through the use of numbers.

If any party’s exhibits cumulatively total in excess of twenty (20) single-sided pages, each set of the exhibits shall be bound in a three-ring binder, with each exhibit separated by a tabbed divider page. Additionally, the lower right hand corner of each page of the collective exhibit document shall be consecutively numbered (Bates Stamp numbering) from the first page to the last page, independent of exhibit identification numbers previously placed on the exhibits.

Any trial or exhibit binder provided to the Court will be considered abandoned and may be discarded unless, within thirty-five (35) days following the entry of a final, non-appealable order on the underlying trial or evidentiary hearing, the submitting party makes arrangements with the courtroom deputy to retrieve the binders.

A separate scheduling order will be issued for all evidentiary hearings in adversary proceedings.  The Court may also issue a scheduling order for an evidentiary hearing in the main bankruptcy case.

The Court encourages litigants to utilize mediation as a means to resolve disputes.  If litigants desire to mediate a particular controversy, the parties shall advise the Court in writing that the matter is ripe for mediation.

Unless Court permission (upon proper motion) is received prior to filing, no brief by any party shall be in excess of 20 pages.

A motion for a temporary restraining order shall be filed in accordance with Local Rule 7065-1. See also Fed. R. Bankr. P. 7065 and Fed. R. Civ. P. 65. As soon as the request for a temporary restraining order is filed, plaintiff's counsel must call the courtroom deputy to arrange for a hearing.

In addition to the requirements of a sale motion pursuant to Local Rules 6004-1 and 9013-3(c), the proposed order filed with a sale motion shall: (a) reference the outside date for the sale closing (unless otherwise ordered by the Court); and (b) require the report of sale to be filed within 14 days of the closing.

Notice of a motion to approve a settlement or compromise pursuant to Fed. R. Bankr. P. 9019 shall be served on all creditors.  When the motion is filed in an adversary proceeding, a copy of the notice shall be filed in the main bankruptcy case, together with a certificate of service indicating all parties who received a copy of the notice.

A tentative ruling is a written statement issued by the Court prior to a hearing whereby the Court either indicates its likely ruling on a particular matter or, alternatively, points out a particular issue of concern based on the Court’s review of the pleadings and record before it.  A tentative ruling may provide that it is the Court’s tentative determination to grant or deny a motion, in whole or in part.  Tentative rulings may also present questions which should be addressed at the scheduled hearing, cite authority that should be discussed at the hearing, and/or otherwise identify issues to be emphasized at the hearing. The Court reserves its right, in its sole discretion, to make tentative rulings on pending motions based upon the record before it.

Tentative rulings, where applicable, will be posted on Judge Taddonio’s calendar by 3 p.m. on the day immediately prior to a scheduled hearing.  Even if the Court has issued a tentative ruling, appearances at the scheduled hearing are still required unless the tentative ruling explicitly states that no appearance is required.

The Court is not bound by any tentative ruling. Tentative rulings merely reflect the Court’s pre-argument determination based upon the evidence, argument, and information already before the Court.  The Court invites argument from any party not satisfied with a tentative ruling.  A tentative ruling is not to be given the force of an Order of Court and is subject to change based upon argument presented at the scheduled hearing or as a result of further consideration by the Court.

The forms available on Judge Taddonio’s website and the Local Bankruptcy Forms of the United States Bankruptcy Court for the Western District of Pennsylvania shall be used in pending cases when applicable.

All proposed orders filed with the Court shall identify the drafter of the document with the indication “Prepared by: ____________” at the end of the order immediately preceding the line for the date and the Court’s signature. Each page of any proposed order shall be numbered consecutively. Consent orders or agreed-to orders shall include signature blocks for each consenting party and otherwise comply with Local Rule 5005-6(c)(1) or (c)(2).

Counsel or parties (if pro se) may contact the courtroom deputies only when authorized to do so by these procedures (i.e., Filing of Emergency Matters and Motions for Temporary Restraining Order).  The courtroom deputies are prohibited from giving legal advice, and may not discuss the case beyond the scheduling parameters set forth in these procedures.  The contact information for Judge Taddonio's courtroom deputies is as follows:

As routine practice, the Court often issues a proceeding memorandum following a hearing. Each proceeding memorandum may contain a concise summary of the discussions held on the record.  The proceeding memoranda should not be considered a substitute for the complete hearing transcript, and no party should make any inferences or draw any conclusions from the inclusion or omission of any details from the hearing.  Parties are advised that proceeding memoranda are prepared as the hearing occurs and are not subsequently verified against the audio transcript.  For this reason, the proceeding memoranda should not be cited or relied upon by the parties in their motions or pleadings.  To the extent a complete record of the hearing is desired, a transcript request should be made with the Clerk pursuant to W.PA.LBR 5007-1.

"Self-Scheduling" applies to most motions, applications, and other requests for relief filed in chapter 7 and 11 cases. The movant should refer to Section A.4 of these General Procedures to determine when self-scheduling is required.

As soon as the first-day motions have been filed in a chapter 11 case, counsel for the Debtor shall contact the courtroom deputy to arrange for a hearing. Counsel for the Debtor shall provide the Court with: (a) a "first-day" binder of all filed first-day motions and any responses or objections thereto; (b) a proposed agenda for the first-day hearing; (c) an affidavit or declaration of a representative of the Debtor in support of the first-day motions; and (d) "clean" copies of each proposed form of order with the CM/ECF header and date stamp redacted. Paragraph 13 (Content of the Hearing Binders) of Standing Order 18-204 Complex Chapter 11 Case Procedure Order shall apply to all hearing binders for first-day motions.

As soon as a party electronically files a motion for relief under 11 U.S.C. § 1113, the movant must deliver to the Court a courtesy paper copy of the motion, along with a paper copy of all collective bargaining agreements and modifications thereto to which the motion relates, and must call the courtroom deputy to arrange a hearing.

When filed, each amended chapter 11 plan of reorganization and any amended disclosure statement must include a redline version (not blackline or any other color) of the amended document along with the clean copy.

At plan confirmation, counsel shall provide the Court with a "clean" copy of the proposed form of the confirmation order with the CM/ECF header and date stamp redacted.

"Self-Scheduling" applies to most motions, applications, and other requests for relief filed in chapter 12 and 13 cases. The movant should refer to Section A.4 of these General Procedures to determine when self-scheduling is required.

In addition to the requirements of Local Rule 4001-4(d), a motion seeking approval of motor vehicle financing shall contain a proposed order (in a form substantially similar to the Order Approving Postpetition Automobile Financing). In the instance where financing to purchase a vehicle is not obtained within sixty (60) days of entry of an Order approving the same, the Debtor shall file a status report to indicate whether it is continuing to seek financing or has instead abandoned that effort.

1. It is not necessary to file a motion to modify when an amendment to a finally confirmed Chapter 13 plan is sought.  Instead the proponent must file:

   • A "Notice of Proposed Modification to Confirmed Plan Dated _____________," which substantially complies with the form found on Judge Taddonio's website; and
   • A proposed Amended Chapter 13 Plan.

2. If these two items are filed, the proposed amendment will follow the Court's standard conciliation/confirmation process.  The Amended Plan and the Notice of Proposed Modification shall be served on all creditors.

3. Failure to file the Notice of Proposed Modification contemporaneously with the Amended Plan will cause a corrective entry to issue on the docket, advising counsel that the Notice of Proposed Modification should be filed and served along with the Amended Plan.  If the debtor does not take corrective action within the time period proscribed by the corrective entry, the proposed amendment will be dismissed without prejudice due to failure to adhere to these procedures.

1. Cases Involving a Plan Duration of 60 Months
   Following completion of the 60th month after plan confirmation, the Court routinely schedules a status conference to determine the necessity of entering a scheduling order to implement the closure of the case.
    

2. Cases Involving a Plan Duration of Less Than 60 Months
   In instances where a case has not been closed within four (4) months of the end of the plan term, debtor's counsel shall file a motion requesting a status conference to determine whether Court intervention is needed to close out the case.  Such motion for a status conference should advise the Court as to (i) whether the plan base is met; (ii) the date on which the plan duration has run; and, (iii) within four (4) months of either event, whether the Chapter 13 Trustee has filed a final account/report or taken some other action toward closing the case (i.e., notifying debtors that they are to assume responsibility for long term continuing debt and cease making payments to the Chapter 13 Trustee). Debtor's counsel shall serve the motion for a status conference, and any scheduling order related thereto, upon the Chapter 13 Trustee and all other parties in interest.  Nothing contained in these procedures should be deemed or construed to eliminate the Chapter 13 Trustee’s responsibility to promptly close Chapter 13 cases when the plan term has expired and the plan goals (and base) have been met.