FILED
2025 APR 29
CLERK
U.S. DISTRICT COURT
THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH
IN THE MATTER OF PARTICIPATION
GENERAL ORDER
IN THE TENTH CIRCUIT MEDIATION
No. 25-001
PROGRAM FOR BANKRUPTCY
APPEALS
It is HEREBY ORDERED that all bankruptcy appeals proceeding before the
United States District Court for the District of Utah, other than those involving pro se
parties, shall be referred to the Tenth Circuit Court of Appeals Circuit Mediation Office
(the “Circuit Mediation Office”).
1. Mediation Conference. The Circuit Mediation Office may schedule and conduct
mediation conferences in any matter referred to it by this Court. The primary
purpose of a conference is to explore settlement, but case management matters
may also be addressed.
2. Participation of Counsel and Parties. Counsel must participate in every
scheduled mediation conference and in related discussions. Generally, a party
may participate but need not unless required by the Circuit Mediation Office.
Conferences are conducted by telephone unless the Circuit Mediation Office
directs otherwise.
3. Preparation of Counsel for Mediation Conferences; Settlement Authority.
Counsel must consult with their clients and obtain as much authority as feasible
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to settle the case and agree on case management matters in preparing for the
initial conference. These obligations continue throughout the mediation process.
4. Confidentiality. Statements made during the conference and in related
discussions, and any records of those statements, are confidential and must not
be disclosed by anyone (including the Circuit Mediation Office, counsel, or the
parties and their agents or employees) to anyone not participating in the
mediation process. Proceedings under this Order may not be recorded by
counsel or the parties.
5. Conference Order; Mediator Authority. The Circuit Mediation Office may
cause an order to be entered controlling the course of the case or the mediation
proceedings including extending briefing deadlines. The Circuit Mediation Office
and its mediators are delegates of this court. Any conference orders or other
communications from the Circuit Mediation Office must be treated the same as
any other court directive.
6. Extensions for Ordering Transcripts or Filing Briefs; Deadlines. The time
allowed by Federal Rule of Bankruptcy Procedure 8009 for ordering a transcript
and by Federal Rule of Bankruptcy Procedure 8018 for filing briefs is not
automatically tolled pending a conference. If a conference has been scheduled,
counsel may contact the Circuit Mediation Office for an extension of time to order
a transcript or to file a brief.
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7. Sanctions. This Court may impose sanctions if counsel or a party violates this
rule or any order entered under it.
SO ORDERED this 29th day of April, 2025.
BY THE COURT:
_____________________________________
ROBERT J. SHELBY
CHIEF UNITED STATES DISTRICT JUDGE
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