Calendar Settings: Judge Alston's available motions calendar dates are posted on the court's website. Motions in adversary proceedings arising in Seattle cases are set on the Seattle adversary proceeding calendar. Motions in adversary proceedings arising in Everett and Port Orchard cases are set on the Port Orchard/Everett combined remote calendars.  Reaffirmation and fee waiver hearings are set by the court. Pretrial hearings are set in the summons.

 

Confirming Motions and Trials: Judge Alston requires all contested motions, evidentiary hearings, and trials to be confirmed for argument. Matters are to be confirmed for argument via ECF by filing a "Notice to Court of Intent to Argue," in accordance with the timeframes set forth in the chart found at Local Rule 9013-1(d)(8). Continued matters must be re-confirmed for argument in the same manner. Matters not timely confirmed for argument may be stricken by the court. Local Rule 9013-1(b)(5). 

 

Pro se filers should contact Judge Alston's courtroom deputy to confirm hearings: Morgan Brannon, (206) 370-5330.

 

Motions may generally be continued by requesting a continuance in ECF. However, motions may not be continued or stricken from the calendar without the agreement of any party who has responded or objected to the motion. By uploading an ECF notice of request for a continuance (or notice of a motion being settled or withdrawn), counsel is representing that the agreement of all participating parties has been obtained. A contested request for a continuance must be made by motion, and may be sought on shortened time. If the status of a motion changes after it has been confirmed for argument, the party who confirmed the matter is responsible for updating the court as soon as counsel is aware of the change in status. If a motion is continued, it must be reconfirmed for the continued hearing date using ECF.

 

Motions for relief from stay must state a basis for waiving the 14-day stay under Fed. R. Bankr. P. 4001(a)(3) (link is external) if such waiver is sought in the order.  If no basis is provided, the waiver will be stricken from the order, even if the motion is unopposed.

 

Evidentiary hearings and trials may not be continued or stricken without court approval. An agreed request for continuance may be made by filing a letter on the docket and should include: (a) a representation that the continuance is agreed, (b) the date to which the matter is being continued, and (c) proposed revised deadlines. In advance of filing the letter, counsel should contact Judge Alston's Courtroom Deputy, Morgan Brannon, at 206-370-5331, to obtain an available future hearing or trial date(s). A matter will not be continued until the parties definitively agree on a continued date(s). A matter has not been officially continued until a minute entry is made by chambers continuing the matter to a specified date(s). A contested request for a continuance must be made by motion and noted for hearing prior to the deadline stated in the order setting the trial date. Once a request for a continuance has been granted, the Courtroom Deputy will prepare an amended scheduling order. When a matter set for an evidentiary hearing or trial is resolved prior to the court date, counsel should immediately contact chambers by telephone and make an appropriate ECF entry such as "Notice to Court, Agreement Reached."

 

All 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 final hearing 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 objection. Local Rule 9013-1(f)(2). Judge Alston calls agreed and unopposed matters first on his motions calendars, prior to contested matters, but prefers orders to be submitted electronically.

 

Shortening Time: Motions to shorten time are disfavored and will be granted only upon a showing of exigent or exceptional circumstances.  Local Rule 9013-1(d)(3)(A).  A motion to shorten time must be made by separate motion and may be filed ex parte. Counsel must simultaneously file the (1) motion to shorten time, (2) a received unsigned order shortening time (using the "Order Upload" docket event), and (3) underlying substantive motion. An ex parte motion to shorten time must comply with Local Rule 9013-1(d)(3)(C) and include a statement of efforts made to give notice to opposing counsel of the movant's intent to bring a motion on shortened time. The received unsigned order shortening time should include (a) the date and time of the hearing on shortened time, (b) the response date, and (c) a deadline for providing notice of the underlying substantive motion to parties in interest. Parties submitting a received unsigned order shortening time should be aware that Judge Alston will commonly edit the hearing date, response date, notice date, or other items.

 

Pretrial Conferences: Judge Alston will conduct a pretrial conference in all adversary proceedings. Pretrial conferences will take place in the courtroom or by telephone conference, as indicated in the summons. A scheduling order including the trial date(s) and pretrial deadlines will be issued following the pretrial conference. If the parties wish to continue a pretrial conference they must contact chambers for permission.

 

Section 105 Conferences: Judge Alston will conduct a scheduling conference under Section 105 (link is external) of the Bankruptcy Code in all newly filed Chapter 11 cases. When a Section 105 (link is external)conference is scheduled, counsel for the debtor-in-possession will receive an order via ECF.

 

Chambers' Copies of Filed Papers: For dispositive motions: parties moving for or opposing dismissal or summary judgment shall provide one chambers’ copy of all papers contemporaneously with each filing.  For all other motions: if an opposition or response is filed to any other motion, any party whose filings (including the motion, brief, memorandum, attachments, and exhibits) exceed fifty (50) pages in length shall provide 1 (one) chambers’ copy of all papers within 1 (one) court day after the filing of the opposition or response.  Chambers’ copies shall be clearly indexed in three-ringed binders and delivered to chambers or to the appropriate box in the office of the Clerk of Court.

 

Telephonic Attendance: Appearance at a hearing or other matter may be made by telephone if approved by the Judge in advance of the hearing. To request a telephonic appearance, counsel should docket a letter via ECF, including an explanation for the request, at least two (2) court days prior to the hearing. 

 

If the party does not have ECF filing capabilities, the letter may be sent to the Clerk’s Office to be docketed. The letter must include the party name, phone number, email address, and the reason for the telephonic appearance.

 

When a motions calendar is large or because of time constraints, it may not always be possible to permit one or more parties to appear by telephone. Further, the following matters will almost always require a live appearance: (1) Chapter 11 first day omnibus hearings (debtor's counsel only), (2) cash collateral and debtor-in-possession financing hearings (debtor's counsel and lender's counsel), (3) hearings on approval of disclosure statements, (4) chapter 11 confirmation hearings, (5) trials, (6) dispositive motions (including motions to dismiss cases, motions to dismiss adversary proceedings, and summary judgment motions), (7) fee applications (if opposed), and (8) any hearing at which live testimony will be elicited. The Judge will not permit any telephonic appearance that has not been approved in advance of the hearing. Should telephonic appearance be approved, the instructions and guidelines are as follows:

 

(1) Dial: 1-888-363-4749

(2) Enter Access Code: 8955076#

(3) Press the # sign

(4) Enter Security Code when prompted: 3564#

(5) Speak your name when prompted

 

(1) Use a land line phone and not a cell phone, if possible.

(2) Do not use a speaker phone.

(3) Make the call from a quiet area where background noise is minimal.

(4) Wait until the judge calls your case before speaking.

(5) Do not put the phone on hold at any time after the call is connected.

(6) In the event you are unable to connect to the conference call after following the above procedures, please contact chambers at 206-370-5330.

 

Absent unusual circumstances, a party that has filed a motion will not be allowed to appear by telephone to argue the motion if it is contested.  Appearance at a pretrial conference by telephone does not require advance approval. 

 

Chapter 11 Plan Confirmation Hearings and Orders: Evidence sufficient to permit Judge Alston to make the findings necessary to confirm the plan under Section 1129 of the Bankruptcy Code should be submitted with the pre-confirmation report required by Local Rule 3020-1(a). Absent a showing of compelling circumstances, the confirmation order should substantially comply with Fed. R. Bankr. P. 3020(c)(1) (link is external) and the Official Form referred to in that rule.

 

Contacting Chambers: Judge Alston's chambers can be reached at 206-370-5330. Please respect the prohibition against ex parte communication (Fed. R. Bankr. P. 9003(a)) (link is external), and avoid communications concerning matters other than procedural or scheduling matters. Emails should not be used to communicate with chambers regarding a case. Communication with a law clerk is deemed to be communication with the Judge.