During the COVID 19 public health crisis and based on the extension of the provisions limiting in-person hearings provided by Operating Order 20-03, the majority of hearings in cases assigned to Judge Waites will be held by teleconference. Contested hearings that require significant time for the presentation of argument, testimony and documentary evidence will be held by videoconference with all the participating counsel appearing in that fashion.
In order to provide the necessary support for these remote appearances by counsel and parties, the Court must know the status of matters scheduled for hearing as early as possible. Therefore, effective May 1, 2020, the deadline for filing of Joint or Separate Statements of Dispute and requests for continuances, settlements or withdrawals shall be 10:00 am, three (3) business days prior to the date of the hearing unless otherwise ordered by the Court.
Further, in order to avoid delay and complications on the day of the scheduled hearing, matters designated to be held by videoconference will require a test of the videoconference system in advance of the hearing to be attended by all counsel, witnesses and parties intending to appear at the scheduled hearing. The Courtroom Deputy will schedule the videoconference test and will notify counsel of the deadline for the presentation of exhibits at these contested hearings.
Furthermore, counsel and parties planning to attend hearings by telephone shall advise the Courtroom Deputy no later than one (1) business day prior to the hearing and call in ten (10) minutes before the scheduled start of the hearings.
The failure to timely file a joint or separate statement of dispute, to otherwise timely respond to Chambers’ request for a status update, to participate in the videoconference testing, or timely submit exhibits may be considered a failure to prosecute the parties’ positions resulting in the ex parte denial of relief or position requested by that party.
Any questions regarding these matters may be addressed by email to Courtroom Deputy Nicole Stalvey (Nicole_Stalvey@scb.uscourts.gov), and Judge Waites’ law clerks, Andrew Powell (Andrew_Powell@scb.uscourts.gov), and Sarah Kistler (Sarah_Kistler@scb.uscourts.gov).