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Judge Russell F. Nelms

Address

Judge Nelms’ chambers are located at 501 W. Tenth Street, Room 206, Fort Worth, Texas, 76102. His courtroom is located in Room 204 on the 2nd floor.

Telephone Numbers

Telephone inquiries to Judge Nelms’ chambers should be directed to the following:

Judicial Assistant 817-333-6025 Law Clerk 817-333-6028 Courtroom Deputy 817-333-6036 ECRO (Transcript and Tape Request) 817-333-6014 Courtroom Deputy Email rfn_settings@txnb.uscourts.gov

Order Submission

Approved orders requiring immediate attention should be uploaded and counsel should notify the courtroom deputy by email. Disagreements over the form of orders should be submitted to the judge in writing by email.

Scheduling Settings

Most settings are scheduled with at least 20 days notice. Disclosure statements and Chapter 11 plans are set with not less than 25 days notice. Claims objections and trustee’s final account hearings are set with 30 days notice.

All settings, except emergencies and expedited requests, are set in advance of the filing of a motion or application. A notice of hearing must be filed and served in order for the motion or application to appear on the court’s calendar.

Settings requiring 30 minutes or less of court time may be self-calendared. The court strongly encourages the self-calendaring for motions. Please review Judge Nelms’ self-calendaring procedures online at:

- http://www.txnb.uscourts.gov/calendars/rfn/self.jsp

Settings that do not comply with self-calendaring guidelines may be obtained by emailing the courtroom deputy at rfn_settings@txnb.uscourts.gov .

Telephonic Hearing Policy

Hearings may be conducted by teleconference when deemed appropriate by the court. In approving a hearing by teleconference, consideration will be given to the nature and scope of the matter before the court, associated time and cost of travel, and equity to all parties. The request should include a statement of the reason for the request in the event the request is granted. Counsel may request a telephonic hearing by emailing the courtroom deputy at rfn_settings@txnb.uscourts.gov See Appendix A for more information.

Emergency/Expedited Requests

As a courtesy, please notify the courtroom deputy by email when filing an emergency motion or motion for expedited hearing. A proposed order regarding the expedited motion should be uploaded in the court’s orders processing program. Such motions should be filed in accordance with the procedures outlined in the ECF User Manual which can be found on the court’s website at:

http://www.txnb.uscourts.gov/ecf/manual/Emergency_Motions.htm

Motion to Lift/Annul/Modify or Relief From Stay

Typically Judge Nelms schedules preliminary hearings on motions to lift stay on Wednesdays at 9:30. Please see Judge Nelms’ self-calendaring procedures online at http://www.txnb.uscourts.gov/calendars/rfn/self.jsp for a list of preliminary hearing dates.

Preliminary hearings are conducted in accordance with the L.B.R. 4001.1(e). Announcements may be made regarding default, agreed, and unopposed motions. In rem relief will be granted only if the relief is specifically requested by motion, and circumstances justifying in rem relief are shown.

U.S. Trustee Docket

The U.S. Trustee’s docket is typically scheduled on the first Wednesday of each month at 11:00. Settings are scheduled by Mary Fran Durham, Office of the U. S. Trustee. Notices of the

U.S. Trustee’s motions are served by the Clerk’s Office.

Chapter 13 Trustee Docket

The Chapter 13 Trustee’s office prepares the Chapter 13 docket and submits a copy to the court prior to the hearings. General dockets are always scheduled through the Chapter 13 trustee’s office or by self-calendaring. The courtroom deputy only sets matters on this docket when instructed by the judge.

Resets/Removals from the Docket (Non-lift stay motions)

Parties wishing to continue a matter after notice of the hearing has been given shall file a motion for continuance and upload a proposed order. The motion shall establish cause for the continuance and must include a certificate of conference stating whether or not the continuance is contested.

If the continuance is unopposed, counsel should notify the courtroom deputy by email or phone. The courtroom deputy will advise if an appearance at the originally scheduled setting is necessary. While communication to the courtroom deputy is appreciated, parties must file a motion for continuance and submit an order.

If the continuance is contested, the court will review the motion for continuance before making a ruling. The courtroom deputy will contact parties if a hearing is necessary.

For settlements and agreed orders obviating the need for a hearing, counsel need not appear at the scheduled hearing if, prior to the hearing, counsel has notified the courtroom deputy by email or phone that parties have settled, or will upload an agreed order, or has otherwise appeared to place the agreement on the record. Otherwise, the parties shall appear at the scheduled hearing to place the agreement on the record.

Fee Applications

No hearing is required for fee applications served with 20 day negative notice language, unless the court orders a hearing. After the response time has expired, if there have been no objections, pursuant to L.B.R. 9007.1 , a certificate of no objections must be filed, accompanied by the proposed order being uploaded. If an objection is filed, counsel shall set a hearing on the application using this court’s self-calendaring procedures or contact the courtroom deputy.

Trustee’s Final Report

No hearing is required for the trustee’s final report unless an objection is filed or the court orders a hearing. Notice is mailed by the bankruptcy clerk’s office. After the objection period runs, if there are no objections, proposed orders will be sent to the judge for review. If an objection is filed, it will be set for hearing.

Trial Docket Call/Adversaries

Typically, Judge Nelms’ trial docket call is scheduled on the first Monday of each month at 1:30pm. A list of trial docket call dates are available on the court’s website in the self-calendaring procedures. The judge will schedule trials at the docket call. Trials are generally heard the following week.

The courtroom deputy schedules the trial docket call and trial week and issues the standing scheduling order when a complaint is filed. The plaintiff’s attorney shall serve all parties the standing scheduling order with the summons and complaint. Compromise, settlement, and stipulations are expected to have occurred prior to the docket call. Documents are also to be exchanged and marked before the docket call. Pursuant to the standing scheduling order regarding adversary proceedings:

(i) A proposed pretrial order shall be served and filed seven calendar days prior to docket call;

 

(ii) Proposed findings of fact and conclusions of law shall be filed three days prior to docket call; and

(iii) A list of witnesses and exhibits, except for those being used for impeachment purposes, shall be filed with the court.

Judge Nelms will allow a one time, 30 day agreed continuance for trial docket call settings. This may be done by filing an agreed motion to continue along with an order and notifying the courtroom deputy by e-mail or phone the day prior to docket call. Any subsequent continuances must be set for hearing. In addition, requests for continuances of more than 30 days will also be set for hearing.

Motions for Default Judgment

Motions for default judgment always require a hearing.

Motions for Summary Judgment

Motions for summary judgment require a hearing.

Adversary Proceedings Against Multiple Defendants

The court strongly discourages the filing of a single adversary proceeding against multiple, unrelated defendants involving unrelated facts or transfers. To the extent that counsel believes such an adversary proceeding is appropriate and such an adversary proceeding is filed, counsel shall, prior to any docket call thereon, provide the court no later than 2 business days prior to docket call, a list or chart summarizing the status of the adversary proceeding as against each defendant – i.e., whether the defendant has defaulted, whether the defendant has agreed to a settlement, whether the defendant has been dismissed from the lawsuit, etc.