PROCEDURES FOR CASES ASSIGNED TO JUDGE DORE
___________________________________________________
The following general procedures apply to cases pending before Judge Timothy W. Dore:
Pretrial Conferences: In most adversary proceedings, Judge Dore will not automatically schedule a pretrial conference. Instead, after an answer is filed, Judge Dore will enter a scheduling order that provides a mechanism for requesting a pretrial conference.
Calendar Settings: Judge Dore's available motions calendar dates will be posted on the court’s website. Motions in adversary proceedings are set on a calendar for the chapter of the main case. Reaffirmation hearings are set by the court.
Confirming Hearings and Trials: Judge Dore requires confirmation of all hearings and trials. Hearings on motions are to be confirmed according to the chart found in LBR 9013-1(d)(8) and by using the E-Docket confirmation process. Hearings and trials not confirmed may be stricken by the court pursuant to LBR 9013-1(b)(5). Pro se filers should contact Judge Dore's courtroom deputy to confirm hearings: Samantha Spraker (206) 370-5300.
Continuing or Striking Motions and Trials:
--A party’s desire to continue, strike or withdraw a motion is governed by LBR 9013-1(b)(7) and (8). If the status of a motion changes after the hearing has been confirmed, the party who confirmed the hearing is responsible for promptly updating the court using the E-Docket confirmation process. If a motion is continued, the hearing must be confirmed again for the continued hearing date according to the chart found in LBR 9013-1(d)(8) and by using the E-Docket confirmation process.
--Evidentiary hearings and trials may not be continued or stricken without court approval. An agreed request for continuance may be made by letter electronically filed with the court at least one week in advance of the hearing or trial and should include: (a) a representation that the continuance is agreed, and (b) proposed revised deadlines. Please check with chambers as to available dates. If the court can accommodate the request for continuance, a minute entry will be made to continue an evidentiary hearing or a revised scheduling order will be issued for a trial. A contested request for continuance must be made by motion and noted for hearing prior to the date of the evidentiary hearing or trial. When a matter set for evidentiary hearing or trial is resolved prior to the court date, counsel should contact chambers directly as soon as they are aware that an agreement has been reached.
Chapter 11 Plan Confirmation: Evidence sufficient to permit Judge Dore to make the findings necessary to confirm the plan under the applicable requirements of Sections 1129 and 1191 of the Bankruptcy Code should be submitted with the pre-confirmation report required by LBR 3020-1(a). The confirmation order should substantially comply with Fed. R. Bankr. P. 3020(c)(1) and the Official Form referred to in that rule. Absent a showing of compelling circumstances, the confirmation order should not contain information or relief in addition to that provided for in Fed. R. Bankr. P. 3020(c)(1) and the Official Form referred to in that rule.
Uncontested Fee Applications and Final Reports: Applicants who have filed fee applications to which no party has objected need not appear at the scheduled hearing unless instructed to do so by chambers. No appearance is required at a hearing on a trustee’s final report where no objections have been filed unless the trustee is otherwise advised by chambers.
Other Uncontested Matters: Orders in uncontested matters should be submitted via ECF with a declaration of no objections pursuant to LBR 9013-1(f)(2). Unopposed orders may also be presented at the date and time of the hearing, but this practice is discouraged unless there is an articulated urgency. Judge Dore usually calls agreed and unopposed matters first on his motions calendars.
Order Upload: Orders ready for Judge Dore's signature should be submitted in ECF via Bankruptcy > Order Upload or Adversary > Order Upload.
Shortening Time: Judge Dore uses an ex parte procedure for motions to shorten time as permitted by LBR 9013-1(d)(3)(C). A hearing may not be set on shortened time unless an order setting the hearing is first signed by Judge Dore. A request to shorten time should be made by filing a separate ex parte motion and uploading an ex parte order stating the date and time of the requested hearing and the proposed response date. The underlying motion must be filed with or before the motion to shorten time. Notice of a hearing on shortened time should be given to all interested parties promptly after Judge Dore has signed an order shortening time that sets the hearing and response dates.
Working Copies of Filed Documents: Judge Dore requires one working copy of filed documents to be delivered to his chambers within one day after filing only in the following situations: (1) the total number of pages filed exceeds 150 unless the subject matter is relief from stay on residential real property in a chapter 7 or 13 case, (2) the filing relates to a dispositive motion in an adversary proceeding, or (3) chambers makes a specific request. In all other situations, a working copy should not be provided.
Telephonic Attendance: Attendance at hearings or other conferences may be by telephone if approved by Judge Dore in advance of the hearing or conference. Telephonic appearances should be requested by filing a letter no later than two days prior to the scheduled hearing or conference. The letter should: (1) briefly state the reason why telephonic appearance is needed, and (2) provide the name and direct telephone number of the individual the court should contact to respond to the request.
Contacting Chambers: Judge Dore's chambers can be reached at (206) 370-5300. Please respect the prohibition against ex parte communication (Fed. R. Bankr. P. 9003(a)), and avoid communications with chambers staff concerning matters affecting a particular case other than procedural or scheduling matters. Emails should not be used to communicate with chambers regarding a case.
