Proposed Orders: Please do not file proposed orders (except for protective order or pretrial order) or judgments in ECF unless requested by Judge Hernández. If proposed documents are requested by Judge Hernández, they should not be filed, but should be emailed to the courtroom deputy in Word or WordPerfect format.
Pro Se Parties
Parties proceeding pro se (that is, representing yourself without a lawyer) should refer to the District of Oregon's " Handbook for Self-Represented Parties " for helpful information.
Motion for Extension of Time
Motions seeking an extension of time should be filed no less than seven days before the existing deadline.
Judge Hernández urges parties to attempt to informally resolve discovery disputes. Pursuant to FRCP 16(b)(3)(B)(v), a party must request a conference with the Court before moving for an order relating to a discovery dispute. Parties may contact Judge Hernández' s Courtroom Deputy to schedule an informal telephone conference or to submit an informal summary of the dispute for the Judge's consideration.
Judge Hernández expects all CM/ECF Registered Users under Local Rule 5-1(a), to comply with Local Rule 5-10(a) which provides:
Unless otherwise ordered by the Court, a paper copy, properly fastened pursuant to LR 10-1(e), of the following electronically filed documents, and the Notice of Electronic Filing, must be marked as a "JUDGE'S COPY" and delivered to the Clerk's Office within three business days after the electronic filing: Dispositive motions and motions for injunctive relief (including all related documents), Social Security administrative records, and any other documents (including all related documents) that, in the aggregate, are in excess of ten pages.
Additionally, Judge Hernández prefers that any Judge's paper copy of a combined filing of two inches or more be placed in three-ring binder with tabs for all documents and exhibits.
Parties filing objections to a Findings and Recommendation, or a response to such an objection, are expected to comply with Local Rule 5-10(a) as to the objection and the response, but they do not need to file Judge’s copies of the Findings and Recommendation itself or the underlying briefing, which is already in the record.
Typically, oral arguments for dispositive motions are set at the Rule 16 conference, in advance of the actual filing of a dispositive motion. Judge Hernández may cancel a previously-set oral argument date for a dispositive motion if he determines oral argument is not necessary. For other motions, the parties will be notified if the Court requires oral argument.
Expectations for Dispositive Motion and Trial Dates:
Judge Hernández expects the vast majority of civil cases to be tried within 18 months of the date of filing. At a Rule 16 conference, case management dates will be set with this expectation in mind. The dispositive motion deadline is usually set for 30 days after the close of discovery and a trial date several months thereafter. Given the Local Rule regarding the timing of dispositive motion responses and replies, the time required for the Court to resolve the motion (with or without oral argument), and the time the parties need to have a decision on dispositive motions before a pretrial order or first wave of trial documents are due, it is highly unlikely that once set, a dispositive motion deadline can be extended without impacting the trial date. Therefore, motions to extend dispositive motions are looked upon unfavorably.
Law Clerk Hiring
Judge Hernández will not be accepting applications in the spring of 2022. The next hiring cycle will be in the spring of 2023 for a law clerk position starting in the fall of 2024.
Judge Hernández hires one law clerk each year to serve a two-year term. To apply, submit cover letter, resume, law school transcript (unofficial is fine), writing sample (no more than five pages double-spaced; excerpts are fine), and two letters of recommendation to the Honorable Marco Hernández, U.S. District Court, 1507 U.S. Courthouse, 1000 SW Third Avenue, Portland, OR 97204. Applications must be received between February 15 and April 15. Applications will be reviewed shortly after the closing date with interviews typically held in mid to late May.
Judge Hernández also accepts applications for full-time judicial externships. We seek a diverse pool of applicants, regardless of class rank or GPA. Applicants must have a good work ethic, a willingness to learn, and completed their 1L year. Apply by January 31 for the following summer, fall, and spring semester positions. Submit a cover letter, resume, law school transcript (unofficial is fine), writing sample (no more than five pages double-spaced; excerpts are fine), and names of three references to the Honorable Marco Hernández, U.S. District Court, 1507 U.S. Courthouse, 1000 SW Third Avenue, Portland, OR 97204. All submissions must be in hard copy only. Applications will be reviewed immediately following the deadline, and interviews will occur shortly thereafter.
- Mobile devices must be turned off before entering the courtroom.
- Please provide advance notice when you require teleconferencing, intend to utilize the courtroom's video displays, or have other presentation technology questions.
- Attorneys and parties should conduct themselves with decorum and manners. This is primarily for your own benefit: jurors, courtroom staff, and public observers consistently state that they prefer a civil and collegial relationship between opposing parties and counsel.
Examples for Submissions Referenced in Trial Management Orders
Example 1 - Proposed Jury Instructions.pdf
Example 2 - Objections to Exhibits.pdf
Example 3 - Joint Submissions of Motions in Limine .pdf
Example 4 - Agreed-Upon Chart of Objections to Witnesses or Exhibits.pdf