Marco A. Hernandez
How Judge Hernandez rules, drawn from 13 signed orders. Every observation links to the order it came from.
How Judge Hernandez decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On an unopposed summary-judgment motion he reaches the state-law merits (e.g. Oregon Tort Claims Act notice and limitations) rather than resting on the non-response.
“Defendants' Motion for Summary Judgment [21] is GRANTED and this case is DISMISSED.”
Reviews the objected portions of a magistrate's Findings & Recommendation de novo and will adopt it with a modification where his own reading of the law differs.
“Plaintiff's Motion for Partial Summary Judgment [26] is GRANTED in part and DENIED in part, and Defendant's Motion for Summary Judgment [33] is GRANTED in part and DENIED in part.”
Cautions
In first-party insurance disputes he declines to recognize a negligence-per-se claim against an insurer under O.R.S. 746.230 absent a definitive change in Oregon law, and bars emotional-distress and punitive damages.
“Plaintiff's Motion for Partial Summary Judgment [26] is GRANTED in part and DENIED in part, and Defendant's Motion for Summary Judgment [33] is GRANTED in part and DENIED in part.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' Motion for Summary Judgment [21] is GRANTED and this case is DISMISSED.”
“Plaintiff's motion to dismiss portions of Defendants' third counterclaim [22] is denied.”
“Plaintiff's Motion for Partial Summary Judgment [26] is GRANTED in part and DENIED in part, and Defendant's Motion for Summary Judgment [33] is GRANTED in part and DENIED in part.”
“Plaintiff's Motion for Leave to File an Amended Complaint [54] is GRANTED as to the dismissal of Defendant Countrywide and DENIED in all other respects.”
“The Court GRANTS Defendants' Motion for Summary Judgment, ECF 21.”
“The Court DENIES Plaintiff's Motion for Leave to Amend Jurisdictional Allegations Per 28 U.S.C. § 1653, ECF 34;”
“GRANTS Defendant's Motion to Dismiss Pursuant to FRCP 12(b)(1), ECF 42; and dismisses this matter for lack of jurisdiction.”
“the Petition for Writ of Habeas Corpus (#2) is denied.”
“the Amended Petition for Writ of Habeas Corpus (#32) is dismissed, with prejudice.”
“Because this case is untimely, Petitioner's pending Motion to Vacate Judgment (#38) is denied.”
“The Court DENIES Plaintiff's Motion for Relief from Judgment and Leave to Amend or Supplement with Alternative State Legal Theories, ECF 130 (Case No. 3:20-cv-01740-HZ), ECF 38 (Case No. 3:24-cv-00764-HZ).”
“the Petition for Writ of Habeas Corpus (#1) is denied.”
“Because the Petition does not entitle Petitioner to relief, his pending Motion for Summary Judgment (#13) is denied.”
“The Court GRANTS Defendant Randy LL Corporation's Motion for Summary Judgment, ECF 29.”
“Plaintiff’s Motion for Attorney Fees Pursuant to 42 U.S.C. 406(b) is hereby GRANTED, and Plaintiff’s counsel is awarded $21,632.70 in attorney’s fees under 42 U.S.C. § 406(b).”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 444 days (N = 4).
The 2019-2021 case sample is weighted toward Social Security appeals, criminal matters, prisoner civil-rights and habeas cases, and commercial disputes involving trade secrets, contracts, and insurance. Reported durations measure the life of each case, not the time taken to decide a motion.
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