UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

In re: 

JEFFREY M. SOBER, Case No. 15-31693-KLP

JANICE M. SOBER, Chapter 13 

Debtors.

C. I. ASSOCIATES, L.P., 

Plaintiff, 

v. AP No. 15-03382-KLP

JANICE M. SOBER,

Defendant. 

PRETRIAL ORDER

Counsel attended a pretrial conference held by the Court on August 26, 2015. 

Counsel estimated the time necessary to conduct the trial of this case to be 5 Hours. As 

promptly as possible, counsel must advise the Court (1) if the time necessary to conduct 

the trial will exceed the estimated trial time, or (2) if a settlement is reached in this case. 

IT IS ORDERED that the following schedule is established in this adversary 

proceeding. Failure to comply with this Order shall result in appropriate sanctions. 

1. The trial shall be held in the United States Bankruptcy Court, Room 5100, 

United States Bankruptcy Courthouse, 701 East Broad Street, Richmond, Virginia on 

November 12, 2015 (the “Trial Date”), at 10:00 AM.

2. The parties shall make the pretrial disclosures required under Rule 

7026(a)(1) of the Federal Rules of Bankruptcy Procedure within 14 days following the 

entry of this order. 

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3. On or before 21 days prior to the Trial Date counsel for the parties shall 

meet at a mutually convenient location and make a good faith effort to narrow the issues 

in the trial and to enter into written stipulations of any uncontroverted facts (the 

“Stipulation”). The Stipulation (or in lieu thereof, a joint statement of counsel that no 

agreement as to any uncontroverted facts could be reached) shall be filed with the Court 

on or before 14 days prior to the Trial Date. 

4. Notwithstanding the provisions of Rule 7026(d)(1) of the Federal Rules of 

Bankruptcy Procedure, discovery may commence immediately and shall be completed on 

or before 21 days prior to the Trial Date. 

5. All motions for summary judgment and all other dispositive motions must 

be filed no later than 30 days prior to the Trial Date. 

6. The parties shall make the disclosures of expert testimony required by 

Rule 7026(a)(2) of the Federal Rules of Bankruptcy Procedure no later than 60 days 

prior to the Trial Date, or, if the evidence is intended solely to contradict or rebut 

evidence on the same subject matter identified by another party under Rule 7026(a)(2)(B) 

of the Federal Rules of Bankruptcy Procedure, on or before 21 days after the disclosure

made by the other party. 

 7. On or before 14 days prior to the Trial Date, counsel for the parties shall 

file with the Clerk a list of proposed exhibits and the proposed exhibits. The exhibits 

shall be filed in accordance with the attached instructions which are hereby incorporated 

and made a part of this order. 

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8. Objections to any of the proposed exhibits shall be filed on or before 

7 days prior to the Trial Date. Exhibits to which no timely objection has been made 

will stand as admitted into evidence. 

9. Counsel for Plaintiff shall file a list of witnesses in accordance with Rule 

7026(a)(3)(A) of the Federal Rules of Bankruptcy Procedure that Plaintiff intends to call 

to testify at trial on or before 14 days prior to the Trial Date; and counsel for Defendant 

shall file a list of witnesses in accordance with Rule 7026(a)(3)(A) of the Federal Rules 

of Bankruptcy Procedure that Defendant intends to call at trial not later than 10 days 

prior to the Trial Date. Counsel for Plaintiff may file a list of rebuttal witnesses on or 

before 7 days prior to the Trial Date. 

10. Counsel for the parties shall file a designation of those witnesses whose 

testimony is expected to be presented by means of a deposition and a redacted transcript 

of the pertinent portions of the deposition testimony on or before 14 days prior to the 

Trial Date. Any other party may file counter designations of the redacted portions of the 

deposition transcript they deem relevant not later than 10 days prior to the Trial Date. 

Objections to the use under Rule 7032(a) of the Federal Rules of Bankruptcy Procedure 

of a deposition so designated by another party shall be filed on or before 7 days prior to 

the Trial Date. 

11. Should a settlement be reached, counsel shall immediately file any motion 

required by Rule 9019 of the Federal Rules of Bankruptcy procedure for approval of the 

settlement (the “Rule 9019 Motion”). Counsel shall schedule a hearing to be conducted 

not later than 28 days after the Trial Date to consider any Rule 9019 Motion and for 

presentation of a final order. 

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12. It is the responsibility of all counsel to be thoroughly acquainted with and 

follow the procedures set forth in the statutes, the national and local bankruptcy rules, and 

the requirements of the Judge. 

13. The Clerk shall forward a copy of this order to all counsel of record. 

Any party not consenting to the entry of a final order by the Bankruptcy Judge 

shall file a Motion to Withdraw the Reference or for other appropriate relief within 30 

days of the entry of this Scheduling Order, and shall promptly set the matter for hearing. 

The failure to comply with the terms of this paragraph shall be deemed to constitute 

consent to the entry of final orders by the Bankruptcy Judge. 

SO ORDERED, this 3rd day of September, 2015. 

 /s/ Keith L. Phillips 

UNITED STATES BANKRUPTCY JUDGE 

Entered on Docket: Sep 3 2015

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UNITED STATES BANKRUPTCY COURT 

EASTERN DISTRICT OF VIRGINIA 

RICHMOND DIVISION 

INSTRUCTIONS 

FOR PREPARING EXHIBIT LIST, PREMARKING EXHIBITS 

NOTE: The following procedures are to be followed in electronic (ECF) cases. 

Exhibits List 

The Exhibits List must be typewritten -double spaced - and should briefly 

describe each Exhibit to be introduced at trial. 

Exhibits 

Each Exhibit should be numbered on a colored adhesive label, in accordance with 

the following: 

PLAINTIFF* YELLOW - numerically beginning No. 1 

DEFENDANT* BLUE - alphabetically, e.g., A, B, C, . . AA, AB, etc. 

GOVERNMENT YELLOW - numerically beginning No. 101

*In cases with more than one party, please identify the appropriate party on each 

Exhibit. 

The adhesive labels should be affixed at the bottom of the Exhibit. Exhibits must 

be numbered to correspond with the numbers assigned on the Exhibits List to such 

Exhibit. 

Exhibits should be letter size (81⁄2" x 11"), photo-reduced if necessary, pursuant to 

Local Rule 5005-1(C)(3). 

If an Exhibit is a small document, such Exhibit must be stapled to a sheet of 

standard sized paper, and the Exhibit label affixed to the bottom of the sheet of paper. In 

the case of a group of photographs or checks, please affix a separate label to each 

photograph or check, and number as follows: 

PLAINTIFF - 1-A, 1-B, 1-C, etc. 

DEFENDANT - A-1, A-2, A-3, etc.

GOVERNMENT - 101-A, 101-B, 101-C, etc. 

The marked Exhibits must be firmly bound and tabbed. The originals and two 

copies of both the Exhibits and Exhibits List should be filed with the Court by the date 

set in the Pretrial Order. Sufficient copies should be available for each opposing counsel. 

It is desirable that counsel stipulate as to the admissibility of as many Exhibits as 

possible, so that such Exhibits may be admitted into evidence at the beginning of trial.

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