ORDER REGARDING SERVICE PURSUANT TO DEL. BANKR. L.R. 5005-4 and 9036-1

WHEREAS, effective February 1, 2020, Rules 5005-4(c) and 9036-1(b) of the Local Rules of Bankruptcy Practice and Procedure (“Local Rules”) of this Court were amended to provide that service on registered CM/ECF users will be made through the CM/ECF system, and on any other person by electronic means as may be consented to in writing; and

WHEREAS, in chapter 11 and chapter 15 cases Local Rule 9036-1(b) requires that a courtesy copy of the document served through the CM/ECF system (or other electronic means as consented to in writing) must be delivered to certain parties by email, other electronic form or by hard copy via first class or other mail or delivery; and

WHEREAS, the Court, parties and counsel for parties continue to be subject to restrictions related to the COVID-19 pandemic, including limited access to regular places of business; and

WHEREAS, parties and counsel for parties still may be receiving the courtesy copy of documents served through the CM/ECF system in hard copy via first class or other mail or delivery, notwithstanding that Local Rule 9036-1(b) allows for the courtesy copy to be delivered via email or other electronic form; and

WHEREAS, in light of current circumstances, the Court wants to encourage filing parties to deliver the courtesy copy provided for under Local Rule 9036-1(b) only via email or other electronic means, and not to deliver a courtesy hard copy via first class or other mail or delivery.

NOW, THEREFORE, it is hereby ORDERED as follows:

1. This Order is effective as of August 14, 2020.

2. Consistent with Local Rule 9036-1(b), the Court directs that filing parties cause the courtesy copy provided under Rule 9036-1(b) to be delivered via email or other electronic means, and not to deliver a courtesy hard copy via first class or other mail or other delivery.

3. For the avoidance of doubt (if any), delivery via email or other electronic means of the courtesy copy provided under Local Rule 9036-1(b) to co-counsel of a registered CM/ECF user service satisfies the requirements of Local Rule 9036-1(b), and, as with registered CM/ECF users, the Court directs that filing parties cause the courtesy copy only to be delivered to such co-counsel via email or other electronic means.

4. Parties that submit orders that list parties on whom objections should be served should not state in such order that service should be made by hard copy via first class or other mail or other delivery and, to avoid confusion, should not list a physical mailing address.

5. As provided in Local Rule 5005-4(c)(iv), all CM/ECF registered users are required to maintain an active email address and each user has a duty to update promptly his or her account information on the CM/ECF system whenever there is a change in the user’s primary or secondary email address.

6. For the benefit of filers, email address information is available within the CM/ECF system, including under either of the “Attorney” or “Party” queries within the list of queries displayed for a particular case, or by request to counsel of record for the debtor or the debtor’s appointed claims agent.

7. For the avoidance of doubt (if any), this Order does not apply to any pleading or other paper required to be served in accordance with Fed. R. Bankr. P. 7004 or as provided in Local Rule 5005-4(c)(iii).

8. This Order shall remain in effect until amended or vacated by the Court.

Dated: August 14, 2020

CHRISTOPHER S. SONTCHI

CHIEF UNITED STATES BANKRUPTCY JUDGE

http://www.deb.uscourts.gov/sites/default/files/news/Standing%20Order%20(9036-1(b)).pdf

FOR IMMEDIATE RELEASE AUGUST 12, 2020 Delaware Supreme Court adopts limited practice privilege for 2020 Bar Applicants Court’s order will allow many law school graduates who were unable to take the Bar Exam due to the pandemic to begin their legal careers in Delaware while waiting to sit for the 2021 Bar Exam The Delaware Supreme Court today adopted a limited practice privilege order that will allow many of the applicants for the 2020 Delaware Bar Exam to start their legal careers pending the administration of the 2021 Delaware Bar Exam. This extraordinary measure is designed to ameliorate the hardships that candidates for admission to the Delaware Bar face after the cancellation of the 2020 Bar Exam. Under the Order, eligible applicants may engage in a variety of legal activities, including court appearances, under the supervision of an experienced Delaware lawyer until the 2021 Delaware Bar Exam is administered. Eligible applicants may apply to the Board of Bar Examiners for a Certificate of Limited Practice. To qualify, applicants must not have failed the Delaware Bar Exam on two or more occasions and must pass a character and fitness investigation. Additional details on eligibility and the terms of the limited practice are included in the Order. “The Court expresses its appreciation to the Board of Bar Examiners for developing the interim practice privilege. It is our hope that many Delaware Bar applicants can take advantage of this opportunity and get started with their legal careers while we continue to deal with the COVID 19 pandemic,” said Chief Justice Collins J. Seitz, Jr.

Details of the limited practice rule have been provided directly to the 2020 Delaware Bar Applicants and the rule has been posted on the Delaware Courts website at https://courts.delaware.gov/rules/pdf/OrderCertifiedLimitedPracticePrivilege2020.pdf.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE IN RE: COURT OPERATIONS UNDER : STANDING ORDER RE: THE EXIGENT CIRCUMSTANCES : CRIMINAL AND CIVIL CREATED BY COVID-19 : JURY SELECTIONS AND : JURY TRIALS

AND NOW, this 16th day of July, 2020, pursuant to the Revised Standing Order dated May 27, 2020, and in order to further public health and safety, the health and safety of Court personnel, counsel, litigants, other case participants, jurors, security personnel and the general public, and in order to reduce the number of gatherings necessarily attendant to trial jury selection in this Court, and in order to minimize travel by participants in Court proceedings, particularly travel by public conveyance, it is hereby ORDERED as follows: 1. Effective this date, all civil and criminal jury selections and jury trials in the District of Delaware scheduled to begin before August 31, 2020, are continued pending further Order of the Court. The Court may issue further Orders concerning future general continuances of any matters as may be deemed necessary and appropriate. All jury selections and trials affected by this Order will be reset by further Order of the assigned judicial officer.

FOR THE COURT:

/s/ Leonard P. Stark, Chief District Judge

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 AND NOW, this 22 day of June,  2020, pursuant to the Revised Standing Order dated May 27, 2020, and in order to further public health and safety, the health and safety of Court personnel, counsel, litigants, other case participants, jurors, security personnel and the general public, and in order to reduce the number of gatherings necessarily attendant to trial jury selection in this Court, and in order to minimize travel by participants in Court proceedings, particularly travel by public conveyance, it is hereby ORDERED as follows: Effective this date, all civil and criminal jury selections and jury trials in the District of Delaware scheduled to begin on or before July 31, 2020, are continued pending further Order of the Court. The Court may issue further Orders concerning future general continuances of any matters as may be deemed necessary and appropriate. All jury selections and trials affected by this Order will be reset by further Order of the assigned judicial officer. FOR THE COURT: /s/ Leonard P. Stark, Chief District Judge

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FOR IMMEDIATE RELEASE June 18, 2020 Delaware Courts to Close for Juneteenth Chief Justice Collins J. Seitz, Jr. announced today that the Delaware Courts will be closed on June 19, 2020 in honor of Juneteenth. The Delaware Judiciary action follows the announcement by Gov. John Carney earlier today that government offices in the State of Delaware will be closed in recognition of Juneteenth, which commemorates the emancipation of the last enslaved African Americans in the United States. “In the days to come we’ll be sharing updates on current projects and new initiatives to help us live up to our responsibility to provide equal and impartial justice under the law,” said Chief Justice Seitz. Like other state holidays, while court facilities will be closed, the state’s three 24-hour Justice of the Peace Courts will remain open.

THE COURT OF CHANCERY HAS ISSUED COURTROOM PROTOCOLS THAT ARE BEING IMPLEMENTED, EFFECTIVE JUNE 8TH 2020, IN CONJUNCTION WITH THE REOPENING OF THE COURTHOUSES. 

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FOR IMMEDIATE RELEASE Chief Justice Collins J. Seitz, Jr. extends Judicial Emergency to June 13, 2020 MAY 14, 2020 Today, in consultation with the other members of the Supreme Court, Delaware Supreme Court Chief Justice Collins J. Seitz, Jr. extended the Judicial Emergency and related orders, due to the public health emergency caused by the Covid-19 outbreak, until June 13, 2020. This is the second 30-day extension of the March 16, 2020 Judicial Emergency Order. This means that court facilities will continue to be closed to the public at least through June 13, 2020, or until the order declaring a judicial emergency is modified or lifted. “Our State continuesto operate under the Governor’s emergency declarations. Those restrictions—vital to protecting the health and safety of Delawareans—do not presently allow us to increase activity in judicial facilities,” said Chief Justice Seitz. “Therefore, I have entered an order today extending the judicial emergency declaration until June 13, 2020. As I have noted before, with the exception of trials, all state courts continue to use video and audio platforms to conduct as much court business as possible. The goal is to work down each court’s non-trial casework so we are prepared for increasing court operations when health and science experts tell us it is safe and reasonable to do so.” The Delaware Judiciary is working on detailed plans to gradually increase activities at judicial facilities. The Court Reopening Committee, led by Superior Court Judge William C. Carpenter, Jr. and staffed by judicial officers and employees from the state courts, our judicial system partners, and a medical expert on infectious disease, is drafting the plan for a gradual and safe increase in activities at all judicial facilities. The Committee hopes to have a final report and recommendation in May, with a possible “first phase” limited increase in judicial facility activity in June. In announcing the extension of the Judicial Emergency, Chief Justice Seitz thanked Judicial Branch employees that continue to work each day at judicial facilities and remotely from home. He also expressed his gratitude to all those who work in the court system. “Thank you once again for your public service,” he said. To see the full text of the order please visit:

https://courts.delaware.gov/rules/pdf/COVIDOrderCJS3.pdf

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