Sonja F. Bivins
How Judge Bivins decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On an ERISA complete-preemption question, the judge focused less on a defendant's formal fiduciary status under a plan and more on whether the specific alleged misconduct occurred while that defendant was functioning in a fiduciary capacity.
“The case law makes clear however that this is a functional rather than a categorical definition. In other words, a person may be a fiduciary in relation to certain claims but not to other claims.”
Procedural preferences
In a pro se prisoner suit seeking relief a federal court cannot grant (ordering an officer's termination), the judge addressed the limits of available remedies directly rather than treating the request as part of the merits analysis.
“the federal court had no authority to discharge prison officials from their positions, as the decision whether to fire them was for their supervisors, not the court. ... Douglas' request for the firing of Deputy Faldoski seeks relief that is unavailable in this Court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based upon the foregoing reasons, it is recommended that Defendants’ motion for summary judgment be GRANTED as to all claims alleged in this action, and that this action be DISMISSED with prejudice.”
“Based on the foregoing, the undersigned RECOMMENDS that the motion for summary judgment be GRANTED, that summary judgment be entered in favor of Deputy Faldoski, that Douglas’ claims against Deputy Faldoski be DISMISSED with prejudice, and that this action be DISMISSED in its entirety.”
“Construing the removal statue strictly and resolving all doubts in favor of remand, in accordance with University of South Alabama, 168 F.3d at 411, the court finds that Defendants have failed to establish the propriety of removal under 28 U.S.C. Section 1441, and have failed to establish the existence of federal jurisdiction. Accordingly, the undersigned RECOMMENDS that the Motion to Remand this case to the Circuit Court of Mobile County, Alabama is due to be GRANTED.”
“the undersigned RECOMMENDS that Defendant's unopposed Motion to Remand be GRANTED, and that this Court enter judgment reversing and remanding this cause to the Commissioner for action consistent with the Defendant's motion.”
“Upon consideration of the administrative record, oral arguments, and memoranda of the parties, it is ordered that the decision of the Commissioner be REVERSED and REMANDED.”
“Upon careful consideration of the administrative record, the oral arguments, and the memoranda of the parties, the decision of the Commissioner is hereby REVERSED and REMANDED.”
“Upon careful consideration of the administrative record and the memoranda of the parties, it is hereby ORDERED that the decision of the Commissioner be REVERSED and REMANDED.”
“Upon careful consideration of the administrative record and the memoranda of the parties, it is hereby ORDERED that the decision of the Commissioner be REVERSED and REMANDED.”
Caseload & timing
From public federal docket records for this judge.
Consent-jurisdiction caseload sampled here is entirely Social Security disability appeals, spanning cohorts from 2006 through 2022. Each sampled case produced a grounded final order (affirmed or reversed/remanded) after the parties consented to her jurisdiction under 28 U.S.C. Section 636(c).
Put Judge Bivins's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Bivins actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Bivins's own signed orders and cites them.