ATTENTION ECF USERS:
Pay.gov will be deploying v5.2 on Saturday, September 15, 2012 between 6:00 PM and 12:00 Midnight Eastern Time. There will be interruptions of service that may prevent you from paying filing fees during this period. If you do experience interruptions, please log back in later to pay for your filing fees.
Best regards,
ECF Help Desk
(213) 894-2365
ATTENTION:
A new Public Notice PN 12-014 re Proposed Revisions to Local Bankruptcy Rules has been posted. Please click this link and view the Public Notice for additional information: Go.usa.gov/rwsw
Regards,
ECF Help Desk
(213) 894-2365
The Sham Affidavit – Lessons in Patience
For years while in private practice I was fascinated with witnesses at depositions who claimed, question after question, that they just “couldn’t recall.” Lawyers present at those deposition grew frustrated at either the witness for such recalcitrance, or else at me for continuing to ask dozens of straight-forward questions while never seeming to obtain “results.” But, au contraire, Pierre. I learned about the Sham Affidavit Doctrine early in my career. That’s when a defensive affidavit (or declaration) is presented in opposition to a Motion for Summary Judgment that suddenly has all of the “disputed facts” miraculously appear by the earlier forgetful deponent. That declaration is destined to be struck by the Court.
Yesterday, we were reminded of this Rule. In the Ninth Circuit’s Yeager v. Bowlin (yes, the Speed of Sound General Chuck Yeager) (9th Cir. Sept. 10, 2012), a three-judge panel on Monday ruled an affidavit General Yeager filed with the district court was a ‘sham’ because it included extensive details he claimed not to recall during a deposition three months earlier….” Sham Affidavit Rule. Just like taking the 5th in civil matters, “I don’t recall” has significant consequences as well. This is a case that should be reviewed by all litigators, and passed along to their clients.
Hon. Scott C. Clarkson
United States Bankruptcy Judge
ATTENTION:
Attached please find Public Notice PN 12-013 regarding divisional closures. Please refer to the public notice for additional information.
We apologize for any inconvenience this may cause.
Regards,
ECF Help Desk
(213) 894-2365
|
Division
|
Date
|
Time
|
| Riverside | Thursday, September 6, 2012 | 11:45 a.m. – 1:30 p.m. |
| Los Angeles | Friday, September 7, 2012 | 11:45 a.m. – 1:30 p.m. |
| Northern | Monday, September 10, 2012 | 9:00 a.m. – 9:30 a.m. |
| San Fernando Valley | Monday, September 10, 2012 | 11:45 a.m. – 1:30 p.m. |
| Santa Ana | Tuesday, September 11, 2012 | 11:45 a.m. – 1:30 p.m. |
Does your calendar seem a little light this week, appearance-wise anyway? This week is the 9th Circuit Judicial Conference in Maui. The calendar for the conference is here. Virtually all of the bankruptcy judges are there. I hope they come back happy and rested.
The CM/ECF filing system and PACER will not be available Saturday, September 1, 2012 to Monday, September 3, 2012 at 5:00 p.m. due to mandatory system maintenance required by the Administrative Office, Systems Development and Support Division (AO/SDSD).
All e-filers must anticipate any necessary filing deadlines prior to September 1, 2012. This is not considered a “technical failure” as outlined in L.R. 5-4.6.2.
Some info on Judge Meredith Jury (btw, I think she is a great judge and a great judge for this case).
Appointment(s): Appointed 11/24/97 by the United States Court of Appeals for the Ninth Circuit.
Reappointed 11/24/11 by the United States Court of Appeals for the Ninth Circuit. (Current term expires 11/23/25.)
Education:
University of Colorado, Boulder, 1969, B.A. (cum laude) in English, Phi Beta Kappa;
University of Wisconsin, Madison, 1971, M.A. in economics, 1972, M.S. in English education;
University of California Law School, Los Angeles, 1976, J.D.
Career Record: 1976-97, Associate-Partner, Best Best and Krieger, LLP, Riverside, California.
Admitted to the California State Bar and U. S. District Court for the Central District of California, 1976; U. S. Court of Appeals for the Ninth Circuit, 1980.
She wrote on opinion for the 9th Circuit BAP in 2009 about the requirements of filing a Chapter 9. You can access that case here.
ATTENTION ALL ECF USERS:
From Friday 8/3/12 6:00 p.m to Sunday, 8/5/12. 9:00 p.m, GSA will be shutting off the electrical power to the Roybal Building in Los Angeles for electrical systems maintenance. As a result, the following systems will not be available:
CM/ECF Live System
CM/ECF Training (not available to complete homework assignment)
LOU
VCIS
LA Archive
I was waiting for my matter to be called in Judge Neiter’s courtroom (fee app was approved as requested!) and I heard him say that he will never approve a real property reaffirmation, and he doesn’t think any of his colleauges will either.
-RDM
ATTENTION ALL CM/ECF USERS:
On Saturday, August 11, 2012, from 7:00 a.m. to approximately 5:00 pm. the electrical power to the San Fernando Valley Division will be shut down so the Department of Water and Power can perform necessary repairs to their equipment. During this interruption, LOU will not be available to upload proposed orders, however, CM/ECF will be available to electronically file documents.
This outage affects the San Fernando Valley Division only. We apologize for any inconvenience this may cause.
Respectfully,
ECF Help Desk
(213) 894-2365
