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Quiz of the Month, New Local Rules for the Southern District of New York Bankruptcy Court and Updated Commercial Division Procedures

February 23, 2012

Subject: Quiz of the Month, New Local Rules for the Southern District of New York Bankruptcy Court and Updated Commercial Division Procedures

New Local Rules for the Southern District of New York Bankruptcy Court

The Local Rules Committee for the United States Bankruptcy Court for the Southern District of New York is proposing new Local Bankruptcy Rules and has requested that the proposals be circulated to the bar for comment. The proposed new Local Bankruptcy Rules are available at: www.nysb.uscourts.gov by clicking on "Local Rules/Orders/Guidelines" and then "Proposed New Local Bankruptcy Rules," or by following the link <<details>>.

Please provide, as soon as possible, any comments with respect to the proposed new Local Bankruptcy Rules. The comment deadline is March 22, 2012. Please submit all comments electronically to LRBPcomments@FFHSJ.com or in writing to: Prof. Alan N. Resnick, Chair, Committee on Local Bankruptcy Rules, c/o Fried, Frank, Harris, Shriver & Jacobson LLP, One New York Plaza, New York, NY 10004-1980.

The proposed amendments will not become effective until adopted by the United States Bankruptcy Court for the Southern District of New York.

Updated Commercial Division Procedures


Attorneys who seek assignment of an action to the Commercial Division must submit a Request for Judicial Intervention (UCS 840, 2011 version) marked to reflect that the case involved is a commercial one, together with a completed Commercial Division RJI Addendum (UCS 840C) certifying that the case meets the requirements of the Division set forth in Uniform Rule 202.70 (a), (b), and (c). Uniform Rule 202.70 (d). In a hard-copy case a copy of the pleadings shall be submitted as well. If the Commercial Division Addendum is not submitted, the clerk will assign the case at random to a non-Division Part.

The monetary threshold in the New York County Commercial Division, which is generally applicable, is an amount in controversy of $ 150,000 or more (exclusive of punitive damages, interest, costs, disbursements, and counsel fees). If the case is designated a commercial one and the Addendum is submitted, the clerk will review the pleadings to determine whether the amount in controversy in the case meets the monetary threshold or whether an exception to the threshold applies. There are two categories of exception. First, the threshold is not applicable and the case may be assigned to the Division if it seeks equitable or declaratory relief. Uniform Rule 202.70 (b). Second, the threshold is not applicable and the case may be assigned to the Division if the action is a shareholder derivative action or a commercial class action, seeks dissolution of a corporation or other business entity, or seeks to stay or compel arbitration or affirm or disaffirm an arbitration award or seeks related injunctive relief. Uniform Rule 202.70 (b) (4), (5), (11), (12). In this review the clerk will not consider whether the case is otherwise the type of matter eligible for assignment to the Division, as provided in Rule 202.70 (b) and (c), which shall be a question for the Division Justice. If the clerk ’s review determines that the threshold is not met and the matter does not fall within one of the exceptions, the clerk will assign the case at random to a General Assignment Part. If the threshold is met or if an exception applies, the clerk will assign the case at random to a Commercial Division Justice, who will review the case to ensure that it is one that properly belongs in the Division as provided by Rule 202.70 (b) and (c). See Subd. (f) (1).

The rules provide for application to the Administrative Judge to review certain assignment determinations. Any such application must be made in a timely manner. Uniform Rule 202.70 (e) and (f) (2). Rulings of the Administrative Judge have been posted on the Division website (under “Decisions Online” on the New York County home page).

CourtAlert Moves Office and Announces new Client Center

CourtAlert has moved to 450 Seventh Avenue, 28th Floor, New York, NY 10123. The new office is not only larger to accommodate CourtAlert ’s growth, but it also includes a new Client Center. At the Client Center, we will host training to introduce the latest innovations at CourtAlert. We will also offer client ’s the opportunity to try new programs and test new ideas. To arrange a visit, please contact Yael Martin Yael@CourtAlert.com.

Perfection time reminder alerts have been enhanced

When a Notice of Appeal is filed in New York County the additional copy provided to the County Clerk is sent to the Appellate Division First Department. The Appellate Division signs a receipt for that copy, which is then filed with the County Clerks office. The entry of the receipt produces CourtAlert 51.

Approximately eight months after receiving CourtAlert 51 the user will then receive CourtAlert 88, which will advise you that the deadline to perfect the appeal is approaching. CourtAlert 88 provides the exact wording of the applicable rule.

Similarly, for electronically filed New York County cases CourtAlert 58 produces a similar alert.

In light of clients' requests, we have adjusted the schedule a little. These alerts will now be produced two weeks earlier.

If you have a dream, idea or suggestion, somewhat related to court data and CourtAlert, please share it with us. Perhaps you want to contact Yael Martin (Yael@CourtAlert.com) and visit us in our new Client Center. Here you can meet the programmers and the team and discuss any suggestion.

Quiz of the Month

This month's winner is: Trevor Franklin from Morgan, Lewis & Bockius LLP

*As soon as we have received the correct answers we will post them on the Tip of The Week for that day. We will accept individual responses from other members of your staff or firm, but the winning submission can only come from one person and not a combination of answers from the same firm. Responses by email will only be accepted. Please email your answers to Support@CourtAlert.com or reply to this email.

1) Suffolk County Supreme Court recently advised us which radio stations will announce their emergency court closings. Please name one of the radio stations we told you about earlier this month. B103-FM (103.1), WBLI-FM (106.1), WBAB-FM (102.3), WLNG-FM (92.1), WRCN-FM (103.9)

2) The Eastern District of New York recently announced their participation in the Patent Pilot Program. Please name one judge and one magistrate that will be participating in the program from the Eastern District.The participating district judges in the Eastern District are Hon. Brian M. Cogan, Hon. John Gleeson, Hon. William F. Kuntz, Hon. Kiyo A. Matsumoto, Hon. Joanna Seybert, and Hon. Jack B. Weinstein.
The participating magistrate judges are Hon. Joan M. Azrack, Hon. Gary Brown, Hon. Marilyn D. Go, Hon. Steven M. Gold, Hon. James Orenstein, Hon. Cheryl L. Pollak, Hon. Ramon E. Reyes, Jr., Hon. Kathleen A. Tomlinson, and Hon. William D. Wall.

3) If the electronic filing system is down for the Southern District of New York (District Court) there are certain procedures a user has to follow that are found within the courts Electronic Rules and Instructions. Please let us know one of the sections you need to check when the courts system is down or when there is something wrong with the filing users equipment. These sections were mentioned earlier this month.SDNY ECF Rules & Instructions, section 11; SDNY ECF Rules & Instructions, section 23.8

4) How many courtesy copies does Judge Oetken require for pleadings? Two

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Izzy Schiller, President




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