John E. Ott
Judge Ott no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Ott decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On summary judgment he holds non-movants strictly to Rule 56's evidentiary burden: a plaintiff who rests on the allegations of the complaint and offers no affidavits or other evidence -- even where the motion is filed before discovery -- loses, because it is the party's own obligation, not the court's, to invoke Rule 56(d) and identify the specific discovery needed.
“It is not the duty of the court to step in and instruct counsel to conduct discovery or to seek additional evidence. ... Rule 56 mandates the entry of summary judgment against a nonmoving party who fails to go beyond the pleadings and, by her own affidavits or other evidence, set forth specific facts to show that there exists a genuine issue for trial.”
On a motion to dismiss he expects the movant to support its positions with authority and reads vicarious-liability and joinder doctrine functionally rather than formally -- declining to require joinder of every possible tortfeasor and faulting a movant who cites no precedent.
“Nowhere in their motion to dismiss do Defendants cite authority to support this position. ... since joint tortfeasors are jointly and severally liable, the victim of copyright infringement may sue as many or as few of the alleged wrongdoers as he chooses; those left out of the lawsuit are not indispensable parties.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based on the foregoing, the court finds that Defendants' Motion to Dismiss (Doc. 5) is due to be denied.”
“the magistrate judge RECOMMENDS that the motion for summary judgment filed by UAHSF (doc. 10) be GRANTED. The magistrate judge further RECOMMENDS that the motion filed by the Board (doc. 12) be GRANTED. Accordingly, the undersigned RECOMMENDS that all claims against the Board and UAHSF are due to be DISMISSED WITH PREJUDICE; and all other claims are due to be DISMISSED WITHOUT PREJUDICE.”
“In view of the recommended disposition of the motions dealing with the federal claims and the recommendation that the court decline exercise of supplemental jurisdiction, Bates's motion to dismiss (doc. 21) is moot.”
“Therefore, for all these reasons, the Plaintiff's Motion (doc. 2) is GRANTED. Further, by separate Order, Plaintiff's case will be remanded to the Circuit Court of Jefferson County, Alabama.”
In a pro se inmate's Section 1983 excessive-force suit, Ott's screening R&R recommended that the excessive-force claim against the officer who struck the plaintiff proceed, while claims against the bystander officer and warden be dismissed without prejudice for failure to state a claim. The plaintiff did not allege that the bystander had a realistic opportunity to intervene and offered only conclusory failure-to-train allegations against the supervisor. This was a recommendation rather than a final ruling.
Caseload & timing
From public federal docket records for this judge.
Median motion-to-ruling time: 41 days (N = 1).
Judge Ott's reviewed work includes civil cases tried by consent and criminal-duty initial appearances. The civil matters are weighted toward employment and civil-rights disputes, with insurance, contract, copyright, and wage cases also represented. Some older consent cases support only overall case timing, not a separately verifiable motion outcome.
A historical record
Judge Ott no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.