RAYMOND B. RAY, JUDGE, United States Bankruptcy Court.
THIS MATTER came before the Court for hearing on November 6, 2001 upon the Emergency Motion of Campagnie Maritime Kleber For Order Lifting Automatic Stay To Terminate Charter Agreements and Compelling Abandonment of Vessels or, Alternatively, Granting Adequate Protection and Directing Payment of administrative Expenses or Dismissing Case (CP 99) filed on October 18, 2001, and the Debtor's Motion To Strike, or in the Alternative, Response In Opposition to Campagnie Maritime Kieber's Emergency Motion To File Under Seal Exhibits A and E (CF 156) filed October 19, 2001. The Court had Scheduled a preliminary hearing and Status Conference for November 6, 2001, and the Court, having reviewed all pleadings in the court file as well as supplements to the Motions, having heard argument of counsel, has determined that factual and legal issues are in dispute.
The Court, noting that should the Debtor prevail in its argument there would be a reasonable likelihood of the Debtor prevailing at the final hearing pursuant at 11 U.S.C. § 362 (e), and further noting the potential applicability of 11 U.S.C. § 365, hereby schedules an evidentiary hearing to take place on November 28. 2001 at 9:30 a.m. at the U.S. Courthouse. 299 E. Broward Blvd. Room 308. Fort Lauderdale. Florida.
At this hear in it. the first issue to be a determined is whether Campagnie Maritime Kleber is the proper party to seek the relief requested in the Emergency Motion For Relief From Automatic Stay To Terminate Charter Agreements and Compelling Abandonment of Vessels (CP 99). If the Court determines that Campagnie Maritime Kleber is the proper party to seek the relief contemplated by CP 99, then the Court will proceed with the evidentiary hearing on that Emergency Motion For Relief From Automatic Stay. The Court has set aside November 28, November 29, and November 30, to continue with the evidentiary hearing if this additional time is necessary.
At this evidentiary hearing the Rules of Civil Procedure and Rules of Evidence shall apply. The Court shall consider these Motions contested matters as contemplated by the Bankruptcy Code and Federal Rules of Bankruptcy Procedure. All parties to this proceeding including the Official Committee of Unsecured Creditors shall have discovery commencing November 7, 2001. The Court hereby establishes the deadline for responding to discovery requests as Seven (7) Days from the date of the discovery request Each party shall submit to the Court on or before 3:00 p.m. on Monday. November 26. 2001, the following:
A. Any written detailed opening statement the party wishes the Court to read before the hearing begins. Oral opening statements will be restricted to Ten (10) Minutes at hearing.
B. A set of pre-marked exhibits intended to be offered as evidence at hearing. The Movant(s)'s exhibits shall be marked numerically, and Debtor's exhibits shall be marked alphabetically. Exhibits shall be bound in a notebook or folder with tabs marking each exhibit, and shall be accompanied by an Exhibit Register in the form attached to this Order as Exhibit "A". Sufficient copies must be provided so that a set is available for each party, the witnesses, and the judge, as required by Local Rule 9070-I.
C.
Final Aurgument. At the conclusion of the Hearing the Court, in lieu of final argument, will request that each party submit a Proposed Memorandum Opinion incorporating findings of fact and conclusions of law and copies of case law cited therein. Each parry shall submit its proposed findings of fact and conclusions of law in hard copy and on computer diskette in WordPerfect 8.0 or compatible format. This disc must be labeled with the case number and the name of the submitting party.
EXHIBIT A UNITED STATES BANKRUPTCY COURT, S.D. OF FLORIDA.
In re: Case No. SS# or Tax ID# Chapter
__________________/ Plaintiff Adv. No. v.
Defendant
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EXHIBIT REGISTER
Exhibits Submitted on behalf of: Plaintiff Defendant DebtorOther______
Date of Hearing / Trial: __________________
Type of Hearing / Trial: __________________
SUBMITTED BY: _____________________________
__________________________
__________________________
Tel.)________________
Exhibit Number Description Admitted Refused Not Introduced