Chambers Procedures for Cases Assigned to Judge Mohr

Tacoma Motion Calendars: All matters set for a Tacoma calendar before Judge Mohr will be held in person, with exception of in forma pauperis and reaffirmation proceedings and Subchapter V status conferences, which will be set for hearing via ZoomGov. Other matters may be set or converted to ZoomGov hearings in the judge’s discretion. Requests for remote video or telephonic appearances should be submitted according to the remote attendance procedures below. Any person appearing via Zoom should remain on mute until it is their opportunity to speak.

Port Orchard Motion Calendars: All Port Orchard calendars will be held via ZoomGov with exception of evidentiary hearings and trials.

Evidentiary Hearings and Trials: Evidentiary hearings and trials for both Tacoma and Port Orchard matters will be held in person unless otherwise ordered by the Court on a case-by-case basis.

Remote Attendance: A party whose matter is set for an in-person hearing or conference may request a remote appearance by filing a letter in the case at least 48 hours prior to the hearing or conference. Remote appearance, if granted in Judge Mohr’s discretion, will ordinarily be by ZoomGov but telephonic appearances may be granted for parties with technical or logistical concerns, or for other reasons. If the requesting party does not have ECF filing capabilities, the letter may be submitted to the Clerk’s Office to be docketed. The letter must include the party’s name, phone number, email address, and the reason for the remote appearance. If the requesting party is requesting an appearance by phone rather than ZoomGov, they must state the reason that phone is necessary or preferred.

If remote appearance is approved, the requesting party will be contacted by Judge Mohr's Courtroom Deputy with the information they need to join the hearing by remote means. No remote appearances will be permitted for matters set in person absent advance approval by the judge.

Recording. All hearings and conferences are recorded by the Court. Recording by any other person is prohibited. Parties may usually access a recording directly from CM/ECF or they may contact the Clerk’s Office after the hearing or conference to request audio or an official transcript of the hearing.

Pretrial Conferences: In most adversary proceedings, Judge Mohr will not automatically schedule a pretrial conference prior to the commencement of discovery. Instead, after an answer is filed, Judge Mohr will enter a Notice of Trial and Order Setting Deadlines, which may schedule a pretrial conference. A party may also request a pretrial conference by filing a letter electronically with the court or, for non-ECF filers, by submitting a letter via the Clerk’s Office.

Confirming Motions and Trials: All motions and trials must be confirmed in accordance with the Local Rules. Hearings and trials not confirmed may be stricken by the Court. Local Rule W.D. Wash. Bankr. 9013-1(b)(5). Pro se filers should contact Judge Mohr’s Courtroom Deputy, Cori Gustafson, (253) 882-3952, to confirm hearings and provide contact information for the hearing.

Continuing or Striking Motions, Evidentiary Hearings, and Trials: A request to continue or strike a motion hearing must comply with Local Rule 9013-1(d)(7) or (8), respectively. A matter is not continued, and the moving and responding parties are required to appear at the hearing as scheduled, unless and until the Court acknowledges the continuance with the appropriate docket entry on ECF. Judge Mohr might not permit a continuance, particularly with respect to matters already continued multiple times. Continued hearings must still be confirmed under Local Rule 9013-1(d)(5) or they may be stricken.

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 before the trial date unless approved by the Court at a scheduled pretrial conference. When a matter set for evidentiary hearing or trial is resolved prior to the court date, counsel should notify chambers through the E-Confirmation Process as soon as they are aware that an agreement has been reached.

Procedure for Requesting a Continuance of Confirmation Hearing for Subchapter V Cases: Subchapter V confirmation hearings may not be continued or stricken without Court approval. A party requesting a continuance of the confirmation hearing must file a motion and set the motion for a hearing in accordance with Local Rules W.D. Wash. Bankr. 9013-1.

Fee Applications and Final Reports: Movants who have filed fee applications and final reports to which no party has objected need not appear at the scheduled hearing unless instructed to do so 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. The format must conform to the Local Rules and “Proposed” should NOT be included in the caption.

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 a separate motion and may be filed ex parte. 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. Counsel should simultaneously file (1) the motion to shorten time, (2) a received unsigned order shortening time, and (3) the underlying substantive motion. 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 must be no later than 24 hours after entry of the order shortening time. A hearing on a motion to shorten time or to limit notice may be scheduled at the Court’s discretion. Additionally, the Court may grant shortened time but change the dates and times set forth in the uploaded order shortening time. An order shortening time does not affect an opposing party’s right to argue that the response time was too short or that notice was otherwise inadequate with respect to the underlying motion.

The moving party shall note its underlying motion for hearing only if Judge Mohr grants the party’s motion 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 and response deadline on the underlying motion. Confirmation of motions to be heard on shortened time is still required. Failure to timely confirm a hearing may result in the motion being stricken from the hearing calendar, even though a motion shortening time was granted.

Uncontested Matters: Orders for uncontested matters should uploaded as a received unsigned order via ECF after the moving party dockets a declaration of no objection in accordance with Local Rule W.D. Wash. Bankr. 9013-1(f)(2). Unopposed matters may also be presented at the date and time of the hearing if timely confirmed for argument so as to appear on the Court’s calendar for hearing.

Chamber’s Copies of Filed Papers: A party must furnish a judge’s copy to Judge Mohr’s chambers or to the Clerk’s Office in Tacoma any time their filing, including any supporting declarations and exhibits, exceeds 100 pages.

Contacting Chambers: Contact information for Judge Mohr’s chambers is available under the “Office and Staff” tab. Ex parte communications are prohibited. Fed. R. Bankr. P. 9003(a). Chambers staff will not discuss a particular case with any litigant aside from limited procedural or scheduling matters. Communication with a law clerk is deemed to be communication with the Judge.

Chapter 11 Plan Confirmation Hearings and Orders: Evidence sufficient to permit Judge Mohr to make the findings necessary to confirm the plan under 11 U.S.C. § 1129 should be submitted with the pre-confirmation report required by Local Rule W.D. Wash. Bankr. 3020-1(a). The confirmation order should ordinarily substantially comply with Fed. R. Bankr. P. 3020(c)(1) and Official Form 315.

Subchapter V Case Procedures: Upon the filing of a chapter 11 case where 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, the debtor’s attorney, and the trustee and the status conference will automatically be scheduled via ZoomGov.

The status conference will be scheduled for a date between 45 and 60 days after entry of the order for relief. The debtor, the 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 the deadlines for voting to accept or reject the plan, for filing objections to confirmation of the plan, and for secured creditors to make an election under 11 U.S.C. § 1111(b)(2). The order will require the debtor to mail a copy thereof to all creditors, equity security holders, and other parties in interest.

Notice/Service: If notice must be given to all parties in interest, notice is presumed adequate if mailed to all entities on the master mailing list, provided the list is current to within 7 days of mailing. Parties must attach a copy of the master mailing list used for noticing to the proof of service filed with the court. See Local Rule W.D. Wash. Bankr. 2002-1(e).

Local Rule W.D. Wash. Bankr. 9013-1(d)(2)(B) requires that proof of any conventional (non-ECF) service of the notice and the motion be filed by the response date. 

Service of a motion in a contested matter must comply with Fed. R. Bankr. P. 7004, unless otherwise governed by the Federal Rules of Bankruptcy Procedure. Fed. R. Bankr. P. 9014(b). This includes service of a motion to avoid a lien under 11 U.S.C. § 522(f), a motion to sell free and clear under 11 U.S.C. § 363(f), and a motion to strip a wholly unsecured mortgage lien and a request to value collateral in a chapter 13 case.

When service in compliance with Fed. R. Bankr. P. 7004 is required, please pay attention to the rules for service upon specific parties. For instance, service upon a domestic or foreign corporation or upon a partnership or other unincorporated association must be to the attention of a specifically identified officer, managing or general agent, or agent authorized to receive service. Fed. R. Bankr. P. 7004(b)(3). Service on an insured depository institution shall be made by certified mail addressed to an officer of the institution. Fed. R. Bankr. P. 7004(h).

Order of Default/Default Judgments: An order of default must be entered before entry of a default judgment, and judgments must be separate documents. Local Rules W.D. Wash. Bankr. 7055-1; Fed. R. Bankr. P. 7058. Proof of proper service in compliance with Fed. R. Bankr. P. 7004 must be filed. See Local Rules W.D. Wash. Bankr. 7055-1.