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Sunday, January 19, 2020

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Hon. Marco A. Hernández, Chief Judge

Mary L. Moran, Clerk of Court

Rule 16 Conferences:

Judge You sets Rule 16 conferences after all defendants have answered.  The parties should be prepared to discuss scheduling at the Rule 16 conference.  Prior to the conference, the parties shall consult with each other pursuant to Rule 26(f).

Discovery:

Judge You handles discovery matters informally and discourages formal motions to compel, which take extra time and resources to resolve.  If the parties have a discovery dispute, they should jointly email Courtroom Deputy Trish Hunt at , and the matter will be quickly set for a telephonic hearing. 

If the parties anticipate they will need the Judge You’s assistance in resolving a deposition dispute, they should contact Ms. Hunt and advise her of the upcoming deposition date and time.

Motion Hearings:

Judge You does not automatically schedule oral argument when a motion has been filed.  The parties will be contacted if, after reviewing the briefing, Judge You believes oral argument will be helpful in resolving the motion.

Judge’s Copies:

Judge You waives Local Rule 5-10 and does not require paper copies of any documents filed for her consideration.  Note that the rule is not waived for documents filed in Judge You’s cases if those documents will be considered by another judge (unless that judge similarly waives the rule).

Pro Hac Vice Counsel:

Attorneys admitted pro hac vice and their Oregon counsel should read and be familiar with the court's Local Rules, and with "The Integral Role of Local Counsel in the District of Oregon," Federal Bar Association, Oregon Chapter newsletter, Summer 2013.

Settlement Conferences:

Any parties interested in scheduling a settlement conference with Judge You may contact Ms. Hunt directly at .  Judge You does not require a written settlement conference memorandum, and prefers to speak confidentially by telephone with each parties’ counsel prior to the settlement conference date.  Absent exceptional circumstances, settlement conferences are scheduled for a half day.    

Courtroom Rules:

Pursuant to LR 83-14, wireless communication devices must be placed in silent mode while in the courthouse.  Recording devices may not be used at anytime in the courthouse or in any court proceedings conducted remotely using telephone conferencing, video conferencing, or any other form of electronic communication.

The parties should provide advance notice when they 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 civility.  This is primarily for their own benefit: jurors, courtroom staff, and public observers consistently state that they prefer a civil and collegial relationship between opposing parties and counsel.

During oral argument, attorneys and witnesses should refer to parties by their proper names (Ex: "Mr. Smith" not "the defendant").

Résumé - Judge You