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UNITED STATES BANKRUPTCY COURT 

SOUTHERN DISTRICT OF FLORIDA 

WEST PALM BEACH DIVISION 

In re: 

 Case No. 20-14792-EPK 

TOOJAY'S MANAGEMENT LLC, et al., 

 Chapter 11 

 (Jointly Administered) 

 Debtors. 

____________________________________/ 

 

ADMINISTRATIVE ORDER REGARDING HEARINGS BY VIDEO CONFERENCE 

 This Order sets forth the Court’s procedure when the Court sets a hearing by video conference 

in this case. This Order applies only when it is specifically incorporated by reference in a notice of 

hearing generated by the Court or in an order entered by the Court. 

To expedite and facilitate the hearing of those matters set for hearing by video conference, 

including presentation of evidence, the Court ORDERS as follows: 

1. SERVICE OF THIS ORDER. The party obligated to serve a notice of hearing or 

order setting hearing with regard to a matter set for hearing by video conference shall 

include a copy of this Order with such notice of hearing and file a certificate of service 

as required by this Court’s local rules. A certificate of service referencing both the 

notice of hearing or order setting hearing and also this Order is sufficient. 

Erik P. Kimball, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on May 1, 2020.

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2. VIDEO CONFERENCE. The Court is closed to in-person hearings as a result of 

the dangers presented by the COVID-19 pandemic. The hearing will take place by 

video conference using the services of Zoom Video Communications, Inc. The Court 

will provide a password-protected link for the appropriate Zoom video conference to 

those approved persons who have submitted to the Court a notice of intent to 

participate in accordance with paragraph 3, below. All approved participants shall 

conduct a pre-hearing test of Zoom using the same equipment that they intend to use 

during the hearing. 

3. PRIOR NOTICE OF INTENT TO PARTICIPATE; LIMIT ON 

PARTICIPATION BY VIDEO; TELEPHONE PARTICIPATION. All 

persons wishing to participate in the hearing by video conference shall provide notice 

to Dawn_Leonard@flsb.uscourts.gov via electronic mail no later than 3:00 p.m. 

prevailing Eastern Time on the court day preceding the date of the hearing. 

Such notice shall include the full name and electronic mail address of the proposed 

video participant and shall identify the party represented. The parties are encouraged 

to limit video conference participation to those who are necessary to the presentation 

of the matter(s) set for hearing. If the number of persons wishing to participate in the 

video conference, in the Court’s view, exceeds the number which would permit the 

efficient, stable, and reliable transmission of the hearing by video conference, the 

Court may require that certain persons be permitted to participate in the hearing only 

by telephone. The Court will provide to each person participating by telephone 

separate dial-in instructions, which may be used with any telephone equipment. 

4. PUBLIC ACCESS. The hearing is a public matter. The general public is invited to 

listen to the hearing by telephone. Any person wishing to listen to the hearing by 

telephone may contact Dawn Leonard by electronic mail at 

Dawn_Leonard@flsb.uscourts.gov to obtain dial-in instructions. 

5. RECORDING PROHIBITED; OFFICIAL RECORD. No person may record 

the proceedings from any location by any means. The audio recording maintained by 

the Court shall be the sole basis for creation of a transcript that constitutes the official 

record of the hearing. 

6. REMOTE WITNESS TESTIMONY. The Court may determine to permit 

examination and/or cross-examination of witnesses. In accordance with Federal Rule 

of Civil Procedure 43(a) (made applicable by Federal Rule of Bankruptcy Procedure 

9017), for good cause and in compelling circumstances a witness may be permitted to 

testify by contemporaneous transmission from a location other than the courtroom. 

The Court finds that the public danger presented by the COVID-19 pandemic merits 

application of this rule with regard to all witnesses who may testify in connection with 

the matter(s) set for hearing. Each remote witness called to testify or subject to crossexamination shall be permitted to testify by contemporaneous transmission from a 

different location by video conference, as provided in this Order. The Court will 

administer the oath to each remote witness during the video conference and witness 

testimony will have the same effect and be binding upon each remote witness in the 

same manner as if such remote witness was sworn in by the Court in person in open 

court. As additional safeguards for the allowance of remote testimony, the Court 

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requires as follows: (a) each remote witness must disclose the city, state and country, 

and the type of place (such as home or office), where she or he is located while 

testifying; (b) no other person shall be permitted to be in the same room with any 

remote witness unless specifically authorized by the Court; (c) each remote witness 

shall have with her or him only those documents also provided to the Court for 

consideration in connection with the matter(s) set for hearing and no other documents 

or data; and (d) no person shall communicate with a witness during his or her 

testimony, except by direct examination or cross-examination on the record, unless 

specifically authorized by the Court. 

7. CONDUCT DURING HEARING. Although conducted using video conferencing 

technology, the hearing is a court proceeding. The formalities of the courtroom shall 

be observed. Counsel and witnesses shall dress appropriately, exercise civility, and 

otherwise conduct themselves in a manner consistent with the dignity of the Court. 

8. COMPLIANCE WITH FEDERAL JUDICIARY PRIVACY POLICY. All 

papers submitted to the Court, including exhibits, must comply with the federal 

judiciary privacy policy as referenced in Local Rule 5005-1(A)(2). 

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