Michael J. McShane
How Judge McShane rules, drawn from 35 signed orders. Every observation links to the order it came from.
About Judge McShane
Michael Jerome McShane is a judge of the United States District Court for the District of Oregon. Appointed by President Barack Obama, Judge McShane received a commission on May 30, 2013.
Judge McShane's practices and standing orders
Rules for cases before Judge McShane, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Filing
Do not send Judge McShane paper copies of filings except documents identified in the trial management order.
“PLEASE DO NOT SEND JUDGE MCSHANE PAPER COPIES OF YOUR FILINGS.”
Motions
Judge McShane usually grants a request for oral argument.
“In most cases, Judge McShane will grant a request for oral argument.”
Discovery
Email the courtroom deputy an outline of a discovery dispute for a telephone conference.
“The parties may email Judge McShane’s Courtroom Deputy with an outline of the dispute and the parties’ respective positions.”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).
How Judge McShane decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In one disability appeal, a fully developed record and credited symptom testimony led the court to order calculation and payment of benefits, rather than another administrative hearing.
“The record is fully developed and there are no ambiguities that further administrative proceedings need resolve.”
In Hanney v. Epic Aircraft, McShane adopted the finding that a buyer's personal or resale motive did not defeat the shared claims needed for class certification.
“Judge Kasubhai correctly determined that the personal or resale motive under the UTPA was an ‘orthogonal’ issue that did not defeat ‘the clear existence of shared legal claims’ for purposes of class certification.”
Procedural preferences
In Hanney v. Epic Aircraft, McShane denied a motion to strike class-certification reply arguments after finding they answered points raised in the opposition.
“Here, Judge Kasubhai correctly found that Plaintiffs did not assert new joinder arguments in their reply brief.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff's Motion for Partial Summary Judgment (ECF No. 29), is GRANTED.”
“Defendants' Motion to Dismiss or, in the Alternative, for Stay of Proceedings (ECF No. 31) is DENIED.”
“Defendants' Motions to Dismiss (ECF Nos. 11 and 16) are granted. Plaintiff's ADA Title II claim is dismissed without prejudice. All other claims and defendants are dismissed with prejudice.”
“Defendants' Motion for Summary Judgment (ECF No. 12) is GRANTED in part and DENIED in part ... Plaintiff's state law claim is barred by Eleventh Amendment immunity, and his Second Claim for Relief is DISMISSED.”
“plaintiff's Motion for Summary Judgment (ECF No. 28) is DENIED.”
“Defendant’s Motion to Dismiss (ECF No. 5) is GRANTED. Plaintiff's third claim for relief is dismissed. Plaintiff's fourth claim is dismissed with prejudice.”
“Plaintiff’s Motion to Remand (ECF No. 10) is GRANTED. This matter is remanded to the Circuit Court of Oregon for the County of Deschutes.”
“Plaintiff’s Motion for default judgment (#42) is GRANTED.”
“FedLoan Servicing’s Motion for Judgment on the Pleadings (ECF No. 20) is GRANTED and this case is DISMISSED.”
“Defendant’s motion to dismiss (ECF No. 5) is GRANTED in part. Plaintiff’s First Claim for Relief: federal race discrimination is dismissed with prejudice. Plaintiff’s Second Claim for Relief: state race discrimination is dismissed without prejudice for lack of federal jurisdiction.”
“Plaintiff’s motion to correct docket (ECF No. 8) is GRANTED in part. The court docket shall be corrected to reflect the complaint filing date of March 13, 2017.”
“Defendant’s Motion to Dismiss (ECF No. 3) is GRANTED in part and DENIED in part. Plaintiff has 28 days to amend their complaint.”
“Defendant’s Motion to Dismiss, ECF No. 27, is GRANTED in part and DENIED in part”
“Defendant’s Motion for Judgment on the Pleadings, ECF No. 26, is DENIED”
“Defendant’s Motion for Partial Summary Judgment, ECF No. 25, is DENIED.”
“Defendants’ Motion for Summary Judgment (ECF No. 62) is GRANTED”
“plaintiff’s Motion for Summary Judgment (ECF No. 61) is DENIED.”
“Plaintiff’s Motion to Transfer Case to state court (ECF No. 81) is DENIED.”
“the Government’s motion to dismiss is GRANTED in part and DENIED in part. Plaintiff’s complaint is DISMISSED with leave to file an amended complaint, within 90 days of the date of this order, containing a more definite statement of her claims. Her claims for violations of the FDCPA and perjury are DISMISSED with PREJUDICE and may not be included in any amended complaint.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 531 days (N = 4).
The 2019-2021 case sample includes False Claims Act, Social Security, consumer-credit, personal-injury, prisoner civil-rights, employee-benefits, and criminal matters. Reported durations measure the life of each case, not the time taken to decide a motion.
Pending matters in the official report
Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.
| Motions pending more than six months | 2 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 9 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 2 | 9 |
| Sep 2025 | 1 | 14 |
| Mar 2025 | 8 | 12 |
| Sep 2024 | 4 | 10 |
| Mar 2024 | 3 | 7 |
| Sep 2023 | 9 | 8 |
| Mar 2023 | 1 | 9 |
| Sep 2022 | 23 | 12 |
| Mar 2022 | 10 | 12 |
| Sep 2021 | 29 | 11 |
| Mar 2021 | 15 | 11 |
| Sep 2020 | 13 | 11 |
A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.
How long civil cases take in this court
For the whole of United States District Court for the District of Oregon, not for Judge McShane: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.
| Cases | Median time | |
|---|---|---|
| All civil cases closed | 1,647 | 9.8 months |
| Closed with no court action | 300 | 5.2 months |
| Closed before pretrial | 1,316 | 10.4 months |
| Closed during or after pretrial | 9 | not reported |
| Closed during trial | 22 | 33.6 months |
| 12 months ending | Cases closed | Median time |
|---|---|---|
| Sep 2025 | 1,647 | 9.8 months |
| Sep 2024 | 1,633 | 10.2 months |
| Sep 2023 | 1,472 | 11.6 months |
| Sep 2022 | 1,620 | 13.7 months |
| Sep 2021 | 1,501 | 11.8 months |
| Sep 2020 | 1,536 | 11.8 months |
| Sep 2019 | 1,596 | 11.6 months |
The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).
Draft for Judge McShane with the record in hand
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