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Wednesday, April 14, 2021

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

United States Magistrate Judge Mustafa T. Kasubhai (He/Him)

Mailing Address

Wayne L. Morse United States Courthouse
Room 5400
405 East Eighth Avenue
Eugene, Oregon 97401

Contact Information

  • Chambers: 541-431-4120
  • Courtroom Deputy: 541-431-4119
  • 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.

Courtroom Rules

  • The parties and counsel are encouraged to advise the Court of their pronouns. People appearing before this Court may do so in writing and when appearing for conferences, hearings or trials. Attorneys are encouraged to identify their pronouns in their signature lines when submitting documents for filing. All parties and counsel are instructed to address each other in all written documents and court proceedings by those pronouns previously identified.
  • 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.

Case and Trial Management Templates

Trial Setting

After parties file consent to a Magistrate Judge, firm pretrial conference and trial dates will be set. After setting the trial date, Judge Kasubhai will enter a Trial Management Order that sets out the dates that all pretrial documents are due. Pretrial conferences are generally held in person in Judge Kasubhai’s courtroom.

Discovery Issues

Judge Kasubhai prefers to handle discovery disputes informally and discourages parties from filing motions to compel, which take extra time and resources to resolve. In the event the parties have a dispute they should first email a brief summary of the dispute to Judge Kasubhai’s courtroom deputy at the link above. If the dispute cannot be resolved by email correspondence, Judge Kasubhai will schedule a telephonic hearing and give an oral ruling.

Motions Practice

Oral Argument

Judge Kasubhai does not automatically schedule oral argument upon request. The parties will be contacted if, after reviewing the briefing, Judge Kasubhai believes oral argument will be helpful in resolving the motion.

Summary Judgment

Judge Kasubhai strongly encourages parties to only seek summary judgment on issues that involve no question of material fact or that raise significant dispositive legal issues, so as to avoid unnecessarily delaying the resolution of the case, and wasting client’s money and the court’s resources. Accordingly, a moving party’s argument in favor of summary judgment should be well supported by citations to the record, which should be either to the paragraph numbers of affidavits and declarations or to the page number of any deposition excerpts.  Parties are required to submit copies of all documents in an organized fashion.

Judge’s Copies

Judge Kasubhai expects all CM/ECF Registered Users under Local Rule 5-1(a), to comply with Local Rule 5-8(a) which provides:

Unless otherwise ordered by the Court, a paper copy, properly fastened pursuant to LR 10-1(f), 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 Kasubhai requires that all Judge’s paper copies of filing that total more than 10 pages (main document and attachments) be placed in three-ring binder with tabs for all documents and exhibits.

Hyperlinks

Judge Kasubhai strongly encourages counsel to hyperlink the cases they cite in their briefs.  For information on inserting hyperlinks in CM/ECF, see Section 5 of the CM/ECF User Manual.

Settlement Conferences

Requests to schedule a settlement conference with Judge Kasubhai should be directed to Judge Kasubhai's courtroom deputy at the link above.

Opportunities for New Lawyers

Judge Kasubhai strongly encourages litigants and law firms to be mindful of opportunities for new lawyers (attorneys practicing less than 7 years) to conduct hearings before the court in tandem with more experienced attorneys, especially where new lawyers drafted or significantly contributed to motions and responses. These opportunities include oral argument as well as witness examination.

Judge Kasubhai believes it is important to provide new lawyers with substantive speaking opportunities to gain experience in court, as the benefits of such experience accrue to the new lawyer, clients, and the legal profession in general. However, Judge Kasubhai understands that, in some instances, having a new lawyer appear may not be appropriate or in the client’s best interest. Therefore, an experienced attorney may supplement a new lawyer’s arguments and questions with their own if necessary.

Expedited Case Management

If the parties consent to Magistrate Judge and agree to an expedited trial schedule, the court will set a case management conference to discuss limits on discovery and the need for dispositive motions. The court will make every effort to set a trial date within six months of the expedited case management conference.

Pro Se Parties

Parties proceeding pro se (representing yourself without a lawyer) should refer to the District of Oregon’s Handbook for Self-Represented Parties for helpful information.

Pro Hac Vice

Attorneys admitted pro hac vice and their Oregon counsel should read and be familiar with the court’s Local Rules and general litigation practices.

Externships

Judge Kasubhai accepts applications for full-time judicial externships on a rolling basis. We seek a diverse pool of applicants, regardless of class rank or GPA, and give preference to students who have completed at least one year of law school. Externships provide law students a unique opportunity to learn how judges preside over cases and make decisions. Externs must be prepared to engage in rigorous legal discussion with the judge and law clerks, and devote a substantial amount of time to research and writing.  Applicants must have a good work ethic and strong desire to develop as a legal writer. Submit a cover letter, resume, and writing sample (no more than five pages double-spaced; excerpts are fine), and the names of three references to . Applicants are encouraged to include their pronouns in their submissions.

Résumé - Judge Kasubhai