Pretrial Conferences: Judge Lynch will conduct a pretrial conference on request by letter electronically filed with the court. In the case of a telephonic pretrial conference, each participant will be required to provide chambers with a contact number and email address prior to the conference.

Section 105 Conferences: Judge Lynch will conduct a scheduling conference under Section 105 of the Bankruptcy Code in some, but not all, newly filed Chapter 11 cases.

Calendar Settings: Judge Lynch’s available motions calendar dates are posted on the court’s website. Reaffirmation and fee waiver hearings are set by the court, and areheld at 3:00 PM on the first calendar of each month.

Confirming Motions and Trials: Judge Lynch requires confirmation of all motions and trials. Motions are to be confirmed according to the chart found in LBR 9013-1(d)(8) and by using the E-Docket Confirmation Process. Trials should be confirmed using the E-Docket Confirmation Process. Hearings and trials not confirmed may be stricken by the court. LBR 9013-1(b)(5). Pro se filers should contact the appropriate courtroom deputy to confirm hearings:

Pattie Adams (Courtroom Deputy) (253) 882-3952

Continuing or Striking Motions and Trials:

      --Motions may not be continued or stricken from the calendar without the agreement of any party who has filed an objection or other response to the motion. By uploading an E-docket request for continuance or notice of motion being stricken or withdrawn, counsel is representing that the agreement of all interested parties has been obtained. If the status of a motion changes after it has been confirmed, the party who confirmed the matter is responsible for updating the court using the E-Docket Confirmation Process 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 the E-Docket Confirmation Process according to LBR 9013-1(d)(8). Notwithstanding the foregoing, a chapter 13 matter may not be continued for more than four (4) months from the original date of the hearing without the consent of Judge Lynch, whose consent may be requested by motion in advance of the hearing.

      --Evidentiary hearings and Trials may not be continued or stricken without court approval. A request to continue or strike a trial date must be made by motion and noted for hearing prior to the trial date. When a matter set for evidentiary hearing or trial is resolved prior to the court date, counsel should notify chambers through the E-Docket Confirmation Process as soon as they are aware that an agreement has been reached.

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 for a Final Report hearing where no objections have been filed unless the trustee is otherwise advised by chambers.

Order Upload: Orders ready for the Judge’s signature should be submitted in ECF via Bankruptcy > Order Upload or Adversary > Order Upload, respectively.

Shortening Time: Under Local Rule W.D. Wash. Bankr. 9013-1(d)(3), motions to shorten time or limit notice are disfavored. A motion to shorten time must be made by separate motion and may be filed ex parte. Counsel should simultaneously file (1) the motion to shorten time, (2) a received unsigned order shortening time (using the Order Upload docket event), and (3) the underlying substantive motion. A hearing may not be set on the underlying motion unless an order setting the hearing is first signed by Judge [Lynch/Heston], at which time the Clerk’s Office will set the hearing on the judge’s calendar. The motion to shorten time must include a certification by the movant’s attorney in writing stating the efforts made to give notice to opposing counsel of the movant’s intent to bring a motion on shortened time and the reasons why further notice should not be required. The received unsigned order shortening time must include (a) the proposed date and time of the hearing on the underlying motion, (b) the proposed response date, and (c) a deadline for providing notice of the underlying substantive motion to parties in interest, which shall be no later than 24 hours after entry of the order shortening time. However, a hearing on a motion to shorten time or to limit notice may be scheduled at the Court’s discretion. Additionally, the Court may change the dates and times set forth in the order shortening time. Notice of a hearing on shortened time should be given to all parties in interest within the deadline set forth in the signed order shortening time that sets the hearing on the underlying motion and response date.

Counsel are reminded if they wish the underlying motion to be heard for argument, it must be timely confirmed in accordance with LBR 9013-1(d)(8) and by using the E-Docket Confirmation Process. If a matter is not timely confirmed, even though an Order Shortening Time has been signed, the matter may not be heard.

Uncontested Matters: Orders for uncontested matters should be submitted via ECF with a certificate of no objections (see LBR 9013-1(f)(2)). Unopposed matters may also be presented at the date and time of the hearing. Judge Lynch calls agreed and unopposed matters initially on his motions calendars prior to contested matters.

Motion Papers: Format and linking requirements are set out in LBR 9004-1; respecting exihibits, see LBR 9004-1(d).

Chambers’ Copies of Filed Papers: Pursuant to LBR 9013-1(d)(4), you are no longer required to provide chambers with copies of pleadings that are filed electronically, except when the pleading and supporting documents exceed 25 pages in length. In the event a chambers copy is required, one copy is sufficient.

Telephonic Appearance: Attendance at hearings or other conferences may be by telephone if approved by the Judge in advance of the hearing/conference. Telephonic appearance must be requested via letter in ECF no later than 48 hours prior to the scheduled hearing. If telephonic appearance is approved, the requesting party will be contacted by the Courtroom Deputy with the information for calling in. The Judge will not permit any telephonic appearance that has not been approved in advance of the hearing.

Telephonic appearance is a courtesy to the parties and may not be appropriate in certain circumstances.  The Court strongly prefers in court attendance when a party wishes to make argument.  When appearing telephonically, counsel should be alert to any attempts by the Judge to interrupt or ask questions.  Telephonic appearance will never be approved for any evidentiary presentation.

If telephonic appearance is approved, counsel should call in from a quiet environment, refrain from saying anything you do not want the Court or other parties to hear and/or place your phone on mute until your case is called. If you cause noise or other distractions, the Court will drop the call. No recording of the hearing is permitted, but parties may download a recording directly from CM/ECF: order-audio-recording-hearing. Parties may also contact the Clerk’s Office after the hearing to request audio or an official transcript of the hearing.

Contacting Chambers: Judge Lynch’s chambers can be reached at 253-882-3960. Please respect the prohibition against ex parte communication (Fed. R. Bankr. P. 9003(a)), and avoid communications with law clerks concerning matters affecting a particular case 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.

Subchapter V Case Procedures: Upon the filing of a chapter 11 case in which the Debtor elects to be a debtor under subchapter V, the Court will issue an order setting the status conference required by 11 U.S.C. § 1188(a). The Court will provide notice of this order to the Debtor, Debtor’s attorney, and the trustee.

The status conference will be scheduled for a date between 45 and 60 days after entry of the order for relief and will be held telephonically. The Debtor, Debtor’s attorney, and the trustee will be required to attend the status conference; creditors and other parties in interest may voluntarily attend as well. The order setting the status conference will require the Debtor to prepare and serve the report required by 11 U.S.C. § 1188(c) no later than 14 days before the date set for the status conference. The order setting the status conference will also set the deadline for filing proofs of claim, and require debtors to serve the notice of the Claim Deadline on all creditors, equity security holders and other parties in interest by a date specified in the order setting the status conference.

11 U.S.C. § 1189(b) requires the debtor in a subchapter V case to file a plan no later than 90 days after the order for relief. Upon the filing of a plan in a subchapter V case, the Court will issue an order setting the confirmation hearing. That order will also set