D. Thomas Ferraro
How Judge Ferraro rules, drawn from 6 signed orders. Every observation links to the order it came from.
How Judge Ferraro decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On a partial motion to dismiss an employment-discrimination complaint he recommends dismissing deficient Title VII and Section 1981 retaliation counts with leave to amend.
“IT IS ORDERED the R&R (Doc. 18) is ADOPTED and Defendant's Partial Motion to Dismiss (Doc. 13) is GRANTED. IT IS FURTHER ORDERED Counts Two, Three, and Four of Plaintiff's Complaint (Doc. 1) are DISMISSED with leave to amend.”
Recommends dismissal of a habeas petition where the petitioner fails to keep a current address on file after repeated warnings.
“IT IS ORDERED the R&R is ADOPTED (Doc. 19) and Petitioner Randy L. Rohrbaugh's Petition for Habeas Corpus Pursuant to Title 28, United States Code, Section 2241is DISMISSED WITH PREJUDICE.”
Cautions
Applies the presumption against federal jurisdiction rigorously, recommending remand under the federal-officer removal statute (28 U.S.C. 1442) where the removing party fails the causal-nexus and colorable-federal-defense test; 'deemed federal employee' status is not enough.
“United States Magistrate Judge Ferraro's Report and Recommendation (Doc. 39) is ACCEPTED AND ADOPTED; (2) Plaintiff's Motion to Remand (Doc. 17) is GRANTED; (3) The United States' Motion to Remand (Doc. 24) is GRANTED;”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED the R&R (Doc. 18) is ADOPTED and Defendant's Partial Motion to Dismiss (Doc. 13) is GRANTED. IT IS FURTHER ORDERED Counts Two, Three, and Four of Plaintiff's Complaint (Doc. 1) are DISMISSED with leave to amend.”
“On June 7, 2012, Magistrate Judge D. Thomas Ferraro filed a R&R recommending that Defendant LaRuffa's motions to dismiss be denied. On July 2, 2012, this Court adopted the recommendation of Magistrate Judge Ferraro and referred this matter back to Judge Ferraro for all pretrial proceedings and report and recommendation.”
“United States Magistrate Judge Ferraro's Report and Recommendation (Doc. 39) is ACCEPTED AND ADOPTED; (2) Plaintiff's Motion to Remand (Doc. 17) is GRANTED; (3) The United States' Motion to Remand (Doc. 24) is GRANTED;”
“IT IS ORDERED the R&R is ADOPTED (Doc. 19) and Petitioner Randy L. Rohrbaugh's Petition for Habeas Corpus Pursuant to Title 28, United States Code, Section 2241is DISMISSED WITH PREJUDICE.”
“IT IS ORDERED the R&R is ADOPTED (Doc. 17) and Robert Edward Johnson Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254 is DENIED and DISMISSED (Doc. 1).”
“For the foregoing reasons, IT IS HEREBY RECOMMENDED that the District Court issue an order striking Smith Interface’s indirect infringement contentions. It is further RECOMMENDED that Apple’s motion be granted without leave to amend as Smith Interface has not demonstrated ‘good cause’ as to why its infringement contentions should be amended for a third time.”
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