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UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

IN RE:

Samuel Fitzgerald Worrell,

Debtor.

_______________________________/

CASE NO.: 21-20622-PDR

CHAPTER 13

ORDER SETTING REQUIREMENTS FOR EVIDENTIARY

HEARING AND ESTABLISHING RELATED DEADLINES

THIS MATTER came before the Court on February 25, 2022 upon the Secured 

Creditor’s Objection to Confirmation (ECF 20), Secured Creditor’s Motion For Prospective 

In-Rem Relief From Automatic Stay For A Period Of Two Years (ECF 26), the Secured 

Creditor’s Response to Objection to Claim of NewRez LLC d/b/a Shellpoint Mortgage 

Servicing (ECF 36), related Response (ECF #30) filed by Debtor Samuel Fitzgerald and 

Pro Se Debtor’s Renewed Objections to Short-Fused Rushed Scheduling of Evidentiary 

Hearing before Debtor is Served, Can Parole its Evidence, or Ready to Prove its Case 

re: (41 Order Setting Hearing, 42 Order Setting Hearing) (ECF 47) (the “Motions”). The 

Court heard the arguments of the Parties and, Accordingly, the Court ORDERS as 

follows:

1. Pro Se Debtor’s Renewed Objections to Short-Fused Rushed Scheduling of 

Evidentiary Hearing before Debtor is Served, Can Parole its Evidence, or Ready to Prove 

its Case re: (41 Order Setting Hearing, 42 Order Setting Hearing) (ECF 47) is Granted in 

part.

Peter D. Russin, Judge

United States Bankruptcy Court

_____________________________________________________________________________

ORDERED in the Southern District of Florida on February 28, 2022.

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2. EVIDENTIARY HEARING; SERVICE. The Court will hold an evidentiary 

hearing on the Motions on March 15, 2022 at 10:00 a.m. before the Honorable Peter D. 

Russin. The Court has reserved two (2) hours for this matter. The Movant shall serve a 

copy of this order on all appropriate parties and file a certificate of service thereof as 

required by this Court’s local rules.

The hearing will be held remotely using the services of Zoom Video Communications,

Inc. (“Zoom”) which permits remote participation by video or by telephone. To participate 

in the hearing remotely via Zoom (whether by video or by telephone), you must register 

in advance no later than 4:00 p.m., one business day before the date of the hearing. To 

register, click the link below or manually enter the link in a browser:

https://www.zoomgov.com/meeting/register/JItcOqurD4qHUbwAimENeAkZ7QUKGhcZ7

k

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

who register to participate and who have been approved by the Court. 

All participants (whether attending in person or remotely) must observe the formalities of 

the courtroom, exercise civility, and otherwise conduct themselves in a manner consistent 

with the dignity of the Court. This includes appropriate courtroom attire for those 

participants appearing in person or by video.

3. PUBLIC ACCESS. The evidentiary hearing scheduled by this order is a 

public matter. Although usually the public may only attend a live hearing, because the 

number of persons in the courtroom continues to be limited, the general public is invited 

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

telephone may register using the Zoom link and mark “listen only” on the registration 

page.

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

the proceedings from any location by any means. The audio recording created and 

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

the official record of the evidentiary hearing.

5. MEDIATION. Pursuant to Local Rule 9019-2, the Court may order the 

assignment of this contested matter to mediation or judicial settlement conference at any 

time, upon the request of a party or sua sponte.

6. DISCOVERY. Should either party wish to obtain leave to conduct further 

discovery, an expedited motion must be filed no later than March 8, 2022. The Court will 

only grant if good cause is shown.

7. WITNESS LISTS. All parties must exchange and file with the Court witness 

lists no later than March 8, 2022 at 4:00 p.m., identifying all fact and expert witnesses 

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each party intends to call at the evidentiary hearing (other than rebuttal or impeachment 

witnesses).

8. SUBMISSION AND EXCHANGE OF EXHIBITS. All parties must submit 

and exchange all exhibits no later than March 8, 2022 by 4:00 p.m., pursuant to the 

requirements of Local Rule 9070-1, which requires all parties to upload exhibits through 

CM/ECF, with some exceptions where any party is not represented by counsel.

Additionally, all exhibits must submit via email and overnight delivery.

If any party intends to offer in evidence at the evidentiary hearing a summary, chart or 

calculation to prove content as permitted by Federal Rule of Evidence 1006, that party 

must provide to the other parties a notice of the location(s) of the books, records, and the 

like, from which each summary has been made, and the reasonable times when they may 

be inspected and copied by adverse parties. More voluminous documents may require 

earlier notice of intent to use a summary.

9. OBJECTIONS TO EXHIBITS. All objections will be heard at hearing set on 

March 15, 2022, at 10:00 a.m.

10. REMOTE WITNESS TESTIMONY. The Court has found that good cause 

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

Bankruptcy Procedure 9017), has been shown for remote testimony for witnesses.

11. RESPONSIBILITY FOR REMOTE WITNESSES. The party sponsoring 

each remote witness shall be responsible for ensuring that the remote witness has 

registered for the video conference, has obtained all exhibits prior to the hearing, has 

registered with Zoom, and has equipment and internet service sufficient to permit 

participation in the evidentiary hearing.

12. DIRECT TESTIMONY BY DECLARATION. At each party’s option, except 

in a contested matter where a party is self-represented, the direct testimony of any 

witness, except an adverse, hostile, or rebuttal witness, may be presented by sworn 

declaration consisting of a succinct written statement of the direct testimony that the 

witness would be prepared to give if questions were propounded in the usual fashion at 

the hearing. If a party offers a sworn declaration in lieu of direct testimony: 

A. The statement shall substantially conform to Local Form 63B and 

shall be signed by the declarant under penalty of perjury; 

B. Each statement of fact shall be separate, shall be sequentially 

numbered, and shall contain only facts that are relevant and material to the contested 

issue before the Court, avoiding redundancies, hearsay, and other obviously 

objectionable statements;

C. The statement may be referenced as the witness’ “sworn declaration 

of fact”; 

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D. The original sworn declaration of fact shall be marked as a proposed 

exhibit and filed and delivered as otherwise required by this Order; 

E. Objections to any portion of a sworn declaration of fact may be raised 

at the time the sworn declaration of fact is offered to the Court. The witness shall then be 

sworn in and asked if the sworn declaration of fact correctly reflects the testimony that 

would be given if the witness was asked the appropriate questions. Opposing counsel 

may then cross-examine the witness. At the conclusion of cross-examination, the party 

whose witness is on the stand may conduct redirect examination in the usual manner; 

and

F. The Court may require that direct testimony be provided in the usual 

manner during the hearing even if a sworn declaration of fact is offered.

13. CONDUCT DURING EVIDENTIARY HEARING. Other than the attorneys 

questioning a witness on direct examination or cross-examination, no person shall 

communicate with a witness during his or her testimony unless specifically authorized by 

the Court.

14. FINAL ARGUMENT. At the conclusion of the evidentiary hearing, in lieu of 

final argument, the Court may request that each party file with the Court (a) a written 

closing statement with supporting legal argument or (b) a proposed memorandum opinion 

with findings of fact and conclusions of law with a separate proposed final judgment. Each 

submission must contain individually numbered paragraphs and follow the formatting 

requirements set forth in Part Two of the Court’s Guidelines for Preparing, Submitting, 

and Serving Orders. Each proposed finding of fact must be supported by a citation to the 

record, or it will be disregarded. Each proposed conclusion of law must be supported by 

a citation to applicable law, or it will be disregarded. Absent prior permission of the Court, 

submissions may not exceed a total of twenty pages. If specifically requested, the Court 

may also direct the parties to submit a copy of the proposed memorandum opinion with 

findings of fact and conclusions of law, along with a copy of the separate proposed final 

judgment, in word processing format to an electronic mailbox designated by the Court. 

The filer must include in the “subject” line of the email the case name and number and 

the date of the relevant hearing.

15. SETTLEMENT. If the contested matter is settled, the parties shall submit to 

the Court a stipulation approved by all parties and a motion for approval of the same prior 

to the date of the evidentiary hearing. If a stipulation and motion are not submitted to the 

Court, all parties shall be prepared to proceed with the evidentiary hearing. If the 

contested matter is removed from the calendar based upon the announcement of a 

settlement, the contested matter will not be reset for hearing if the parties fail to 

consummate the settlement. In such event, the Court will consider only a motion to 

enforce the settlement, unless the sole reason the settlement is not consummated is that 

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the Court did not approve the settlement, in which case the matter will be reset for hearing 

at a later date.

16. SANCTIONS. Failure to appear at the evidentiary hearing or to comply with 

any provision of this order may result in appropriate sanctions, including the award of 

attorney’s fees, striking of papers, exclusion of exhibits or witnesses, or the granting or 

denial of the Motion.

17. CONTINUANCES. Continuances of the evidentiary hearing or any 

deadlines set forth in this order must be requested by written motion. Any request for 

continuance or amendment to this order must set forth the status of discovery, including 

exchange of disclosures required under this order, must state the reasons why the party 

or parties seek a continuance, and must state whether the client and other parties consent 

to a continuance. The stipulation of all parties is not sufficient grounds, standing alone, 

for a continuance. 

###

Copy to: Samuel Fitzgerald Worrell, Pro Se

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