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Judge Daniel P. Collins

NOTICE - COVID 19 – REDUCING EXPOSURE TO CORONAVIRUS:  See Recission of General Order 22-1.  General Order 22-1 is posted on the General Orders page, Rescinding General Order 21-1.  View the Order here.

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Presides in Phoenix Courtroom 603


 
Denine Downs
Paralegal
(602) 682-4224
Denine_Downs@azb.uscourts.gov
Kirk Nguyen
Law Clerk
(602) 682-4226
Kirk_Nguyen@azb.uscourts.gov

Renee Bryant
Courtroom Deputy
(602) 682-4982
Renee_Bryant@azb.uscourts.gov

ECR Operator

**Chambers staff will not give legal advice or provide status reports concerning items before the Court.**

COMPLIANCE WITH LOCAL RULES

     All are expected to comply with the Local Bankruptcy Rules, Federal Rules, and Code provisions. Particular attention should be paid to the following:  Ethical Rule 1.3 and LR 9010-1 and 9011-1. If counsel fails to appear on behalf of a client, an order to show cause may be issued requiring counsel to come before the court and explain why counsel failed to respond or why counsel did not seek leave to withdraw as counsel.

GENERAL CHAMBERS POLICY INFORMATION

  I.  DOCUMENT FILINGS
      A.  Forms
      B.  Document Formatting
      C.  Amended Chapter 11 Plans and DIsclosure Statements

 II.  Motions for Continuation of the Automatic Stay

III.  HEARINGS
      A.  In-Person Appearances
      B.  Video Appearances
      C.  Telephonic Appearances

 IV.  CONTINUANCES AND RESOLUTION OF MATTERS SET FOR HEARING
      A.  Stipulated Continuances
      B.  Non-Stipulated Continuances
      C.  Resolved Matters

V.  EXHIBIT PROCEDURES

VI.  PROCEDURES FOR OBTAINING AND NOTICING HEARINGS
      A.  Hearing Dates
      B.  Flagstaff Hearings
      C.  Expedited Hearings

VII.  LAW CLERKS AND EXTERNS

 

 

I. DOCUMENT FILINGS

A. Forms.  Forms can be found at https://azb.uscourts.gov/forms
B. Document Formatting.  Information regarding document formatting can be found in the ECF Procedural Manual and Guides at https://www.azb.uscourts.gov/ecf-procedural-manuals-and-guides.
C. Amended Chapter 11 Plans and Disclosure Statements

1. Counsel must upload both clean and red-lined copies of Amended and/or revised Chapter 11 Plans and Disclosure Statements.

II. MOTIONS FOR CONTINUATION OF THE AUTOMATIC STAY

Motions for continuation of the automatic stay pursuant to § 362(c)(3) and motions for the automatic stay to take effect pursuant to § 362(c)(4) should be filed at the time of filing the petition to ensure adequate time for a hearing.

III. HEARINGS

A.  In-Person Appearances   

Beginning January 1, 2023, the Court will require in-person appearances on trials, evidentiary hearings, and hearings on substantive matters. The Court will determine which matters will be set as in-person and inform the parties when providing the hearing date.

If a matter has been set as in-person, and a party believes a telephonic appearance is necessary, the requesting party must file a Motion for Telephonic Appearance. That Motion must demonstrate that cause exists for why the requesting party or witness cannot attend in person. Such Motion and draft form Order must be filed no later than three business days before the scheduled appearance. 

Except as otherwise ordered, the Court will not accept telephonic or video appearances for matters that have been scheduled as in-person.

B.  Video Appearances

Video conferences are currently held via Zoom For Government at the following link: 

Join ZoomGov Meeting
https://www.zoomgov.com/j/1605289889?pwd=eGdIYjhhY2ViaXFvMHJXeDZoUTVQQT09
Meeting ID: 160 528 9889
Passcode: 479849

Participants may, at their option, appear in-person in the courtroom. Guidelines for matters set for videoconference hearings are found at azb.uscourts.gov/sites/azb/files/videoconferenceguidelines.pdf.

C.  Telephonic Appearances  

1. It is the responsibility of the person appearing telephonically to initiate the call at the time of the scheduled hearing. The conference line is (833) 568-8864, Meeting ID: 160 528 9889, Passcode is 479849. Any person appearing telephonically assumes the risk that they cannot be adequately heard and understood by the Court.
2. Telephonic appearances are connected directly with the courtroom’s public address system. No one answers the phone and there is no hold music. To ensure a quality record, all calls should be from a land line (if possible). Use of a speaker phone is strongly discouraged as it may cause problems with the connection. Please keep your phone on mute until your case is called.

IV. CONTINUANCES AND RESOLUTION OF MATTERS SET FOR HEARING

A. Stipulated Continuances. If agreed to by all parties, continuances may be obtained by emailing Renee_Bryant@azb.uscourts.gov for a continued hearing date. The email requesting the continuance must include all parties. Once the hearing date has been provided by the Court, the party requesting the continuance shall promptly file a notice of continued hearing and notice it out to the appropriate parties.
B. Non-Stipulated Continuances. If all parties have not agreed to a continuance, a Motion and Order to Continue must be filed. The moving party must not assume the hearing has been vacated until the Court so orders.
C. Resolved Matters.  When a matter has been resolved parties must notify the Court promptly by emailing Renee_Bryant@azb.uscourts.gov.

V. EXHIBIT PROCEDURES

A. ELECTRONIC EXHIBITS ARE MANDATORY. See LR-7016-1, https://www.azb.uscourts.gov/rule-7016-1.
B.  The parties are to combine all exhibits onto two flash drives along with their exhibit lists and deliver them to the Court no later than 3 business days before the trial or evidentiary hearing.  Should the parties fail to timely provide the exhibits, the Court will vacate the trial/evidentiary hearing.
C. The Courtroom Deputy will not mark electronic exhibits with traditional exhibit tags. Instead, counsel and/or parties are to work together to properly mark the exhibits and provide an electronic list of all exhibits to the Courtroom Deputy. Please contact Courtroom Deputy, Renee Bryant if you have any questions about the format.
D. Counsel and/or parties are to contact the Courtroom Deputy at 602-682-4982 or Renee_Bryant@azb.uscourts.gov(link sends e-mail) at least one (1) week prior to trial to schedule electronic exhibit testing.
E. In an appeal, electronic exhibits in the custody of the Clerk and maintained as the official court record will be the exhibits presented to the appellate court unless otherwise ordered. The Clerk of Court shall maintain control of the electronic exhibits until the matter is finally concluded or the time for appeal has run, unless otherwise ordered by the Court. The exhibits shall be stored in the same electronic format as provided to the Court.

VI. PROCEDURES FOR OBTAINING AND NOTICING HEARINGS

A.  Hearing Dates

1. To obtain a hearing date, contact Courtroom Deputy Renee Bryant by email at Renee_Bryant@azb.uscourts.gov. A notice of hearing must identify the motion/application and docket number. Once counsel has noticed out the hearing, a copy of the ECF filing receipt must be provided to the Courtroom Deputy for her review so she can make sure the date and time is correct. Please email the notice and filing receipt to Courtroom Deputy, Renee Bryant at Renee_Bryant@azb.uscourts.gov.
2. Note: These same procedures should be used for FLG and PCT cases (office code 3). 

B.  Flagstaff Hearings

1. Judge Collins presides over the Flagstaff calendars. You may contact the Courtroom Deputy Renee Bryant at Renee_Bryant@azb.uscourts.gov for specific information on requesting/setting hearings or appearing by video or telephone.
2. The Flagstaff Court’s conference number is (833) 568-8864, Meeting ID: 160 528 9889, Passcode is 479849.
3. Any mail for Flagstaff matters must be sent to the U.S. Bankruptcy Court’s Phoenix office at 230 N. First Ave, Suite 101, Phoenix, AZ 85003.
4. Flagstaff Court Location: AWD Building, 123 N. San Francisco, Courtroom 1, Flagstaff, Az.

C.  Expedited Hearings

1. A party requesting an accelerated hearing pursuant to Local Rule 9013-1(i) must email a copy of the docketed motion along with the motion to expedite hearing to the Judge’s Courtroom Deputy, Renee Bryant, at Renee_Bryant@azb.uscourts.gov with a copy to the Law Clerk, Kirk Nguyen, at Kirk_Nguyen@azb.uscourts.gov.

2. If after reviewing the motion the Court is inclined to grant it, the Courtroom Deputy will inform the movant of the expedited hearing date and time. The movant must then lodge a form order granting the expedited hearing. The order setting the expedited hearing and notice of hearing are to include specific dates by which responsive pleadings are to be filed and are to be served by the movant upon all interested parties.

VII. LAW CLERKS AND EXTERNS (This pertains to Judge Collins alone.)

A. Judge Collins selects law clerks to serve a one-year term with the possibility of extending it for no more than one additional year. He also hopes to bring three second- or third-year law students per year (one per each of Fall, Spring, and Summer) into chambers to work as externs with his law clerk. The law clerk interviews, selects and supervises these externs. Both law clerks and externs are required to sign a confidentiality agreement and to read, and acknowledge their understanding of, the rules pertinent to court personnel.
B. If the law clerk or extern accepts a job while working with Judge Collins, that law clerk or extern must immediately notify Judge Collins and may not thereafter work for Judge Collins on any matter involving the law firm or employer. Judge Collins’ externs may not be employed by a law firm or legal department during an externship with him.
C. Upon the conclusion of their service with the Court, a law clerk or extern shall not, (1) for a period of one year, appear before Judge Collins or allow that attorney’s name to appear on any pleading filed in connection with a case or adversary proceeding assigned to Judge Collins; or (2) ever work on any case or adversary proceeding which was pending before Judge Collins while they were working with Judge Collins.
D. Nothing stated above is meant to disqualify a law clerk’s or extern’s future employer from appearing before Judge Collins. The law clerk, extern and/or employer are expected, however, to make appropriate arrangements to screen Judge Collins’ former law clerk or extern from participation in such matters.