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Sunday, January 16, 2022

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Hon. Marco A. Hernández, Chief Judge

Melissa Aubin, Clerk of Court

United States Magistrate Judge Janice M. Stewart

Mailing Address

Mark O. Hatfield United States Courthouse
Room 807
1000 Southwest Third Avenue
Portland, Oregon 97204-2941

Contact Information

  • Chambers: 503-326-8260
  • Proposed Document Submissions The e-mail address at this link is available for the receipt of submitted jury instructions and proposed forms of orders per LR 5 only and may not be used to submit filings. Unauthorized correspondence will be deleted.

General Inquiries:

For any questions regarding a case before Judge Stewart, please contact her Courtroom Deputy at (503) 326-8057 or through the contact form on the right.

Rule 16 Conferences:

Judge Stewart sets telephone Rule 16 scheduling conferences either after the first request for an extension of time or upon request by the parties after their FRCP 26(f) discovery planning conference.

Prior to the Rule 16 scheduling conference, the parties should consult regarding a discovery plan and anticipate advising Judge Stewart orally of their plan. The parties should be prepared to discuss the status of the case, relevant deadlines and any other significant issues, and also have their calendars available to discuss scheduling, including modification of the current case deadlines for discovery, dispositive motions or pretrial order, and setting a trial date. Plaintiff's counsel is expected to advise Judge Stewart whether or not all parties will file consents to a Magistrate Judge. It is helpful if consents to a Magistrate Judge are filed prior to the time of the conference, particularly with respect to setting the trial date.

Discovery Issues:

To save time and attorney fees, Judge Stewart is willing to resolve discovery disputes informally by telephone. To schedule a telephone discovery conference, contact Judge Stewart's Courtroom Deputy.

Summary Judgment Motions:

Parties now routinely file summary judgment motions on nearly every major trial issue, regardless of whether the undisputed evidence warrants summary judgment. Filing motions that lack merit wastes the clients' money and the Court's limited resources and also unnecessarily delays resolution of the case. Accordingly, Judge Stewart strongly encourages parties to only seek summary judgment on issues that clearly involve no question of material fact or that raise significant dispositive legal issues.

Citations to the record should be either to the paragraph numbers of affidavits and declarations or to the page number of any deposition excerpts. When portions of multiple depositions are attached as exhibits to an affidavit, also provide the exhibit number.

Parties are encouraged to submit copies of all documents in an organized fashion, preferably 3-hole punched on the side and, if voluminous, in binders.

Argument on Motions:

Most of the time, Judge Stewart will grant a request for oral argument on a dispositive motion. Telephone hearings are normally set for out-of-town counsel.

Trial Setting:

If all parties file consents to a Magistrate Judge, firm pretrial conference and trial dates will be set at the Rule 16 conference. Judge Stewart routinely waives the filing of a Pretrial Order and sets trial within one year after filing of the Complaint. After setting the trial date, Judge Stewart will enter a Trial Management Order which sets out the dates that certain pretrial documents are due. Pretrial conferences are held in person in Judge Stewart's chambers.

Sample Trial Management Order - Stewart.pdf

Without full consents, Judge Stewart will set a date to file the Pretrial Order after a final ruling on any dispositive motions. After the Pretrial Order is filed, the assigned district judge will set the trial date on his or her calendar.

Settlement Conferences:

Judge Stewart is available to conduct settlement conferences in cases which are not assigned to her. Parties may request a settlement conference by contacting Judge Stewart's Courtroom Deputy at (503) 326-8057 or through the contact form on the right. In cases assigned to Judge Stewart, refer to LR 16-4(e) - (l).


Résumé - Judge Stewart