Diane J. Humetewa
How Judge Humetewa decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On APA review of an administrative record, gives strong deference to the agency hearing officer's factual and credibility findings, and holds that nonmutual collateral estoppel cannot be asserted against the government.
“the Court finds that the ONHIR did not abuse its discretion, or arbitrarily, or capriciously deny Plaintiff relocation benefits... the Court must give deference to the IHO's credibility determinations.”
Denies leave to amend when the proposed pleading cannot overcome jurisdictional, abstention, or immunity defects, even while applying Rule 15's liberal-amendment presumption.
“The futility of the proposed amendments precludes the Court from granting leave to amend.”
Treats the federal transfer statutes as distinct tools and expects the parties to brief the statute matching the identified venue or jurisdictional defect.
“Both parties are mistaken. The three transfer statutes are used for distinct purposes and operate to achieve different results.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 11) is denied and Defendant's Cross-Motion for Summary Judgment (Doc. 19) is granted.”
“IT IS HEREBY ORDERED that Plaintiff's Motion for Summary Judgment (Doc. 11) is denied and Defendant's Cross-Motion for Summary Judgment (Doc. 19) is granted. ... IT IS FINALLY ORDERED that judgment shall be entered for Defendant and this matter shall be closed.”
“IT IS FURTHER ORDERED that Plaintiff's Motion to Strike (Doc. 13) is denied.”
“IT IS ORDERED that Defendant's Motion for Summary Judgment (Doc. 104) is GRANTED and Plaintiff's Motion for Partial Summary Judgment (Doc. 105) is DENIED. All of Plaintiff's claims are dismissed. The Clerk of Court is kindly directed to enter judgment in Defendant's favor and dismiss this action.”
“IT IS ORDERED that Defendant's Motion for Summary Judgment (Doc. 104) is GRANTED and Plaintiff's Motion for Partial Summary Judgment (Doc. 105) is DENIED.”
“IT IS HEREBY ORDERED that Defendant Huffacker's Motion to Dismiss (Doc. 41) is granted. The Clerk of Court is directed to dismiss Huffacker from this action.”
“IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. 20) is granted in part as set forth in this Order. Plaintiff's state law claims and her HEA claim shall be dismissed with prejudice. ... The Court denies Defendants' request to dismiss Plaintiff's Title VII claim in its entirety. The Title VII hostile work environment claim may proceed”
“Defendants' Motion for a more definite statement is denied.”
“IT IS ORDERED that Defendants' Motion to Dismiss (Doc. 42) is GRANTED and Plaintiff's Amended Complaint (Doc. 8) is DISMISSED with prejudice.”
“IT IS HEREBY ORDERED Defendants' Motion to Dismiss or, in the Alternative, Stay Proceedings (Doc. 65) is granted. This matter is dismissed, without prejudice.”
“IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. 42) and Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 59) are denied as moot.”
“IT IS HEREBY ORDERED that Defendant Orsuga Consulting, LLC's Motion for Partial Summary Judgment (Doc. 60) is denied.”
“IT IS FURTHER ORDERED that Plaintiff's Motion to Seal Exhibit D to her Response (Doc. 99) is granted.”
“IT IS ORDERED that Plaintiffs' Motion to Exclude Portions of Opinion Testimony by John Ulzheimer as Outside the Scope of Rule 702 and Daubert (Doc. 107) is DENIED.”
“IT IS ORDERED that Defendants' Daubert Motion (Doc. 99) is DENIED.”
“IT IS ORDERED that Defendant's Motion to Remand (Doc. 17) is GRANTED and the decision of the Commissioner is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative proceedings, including a new administrative hearing.”
“Defendants State of Arizona, Mike Faust, Clara Harwood, and Chantel Madson's Motion to Dismiss (Doc. 4) and Defendant Conchetta Oglesby's Motion to Dismiss (Doc. 22) are granted, in part, as to Count V, 42 U.S.C. § 1983. Count V is dismissed as to all Defendants.”
“IT IS FURTHER ORDERED that Defendant's Motion to Set Aside Default (Doc. 45) is granted. The Clerk of Court shall set aside the Clerk's Entry of Default (Doc. 35).”
“IT IS FINALLY ORDERED that Plaintiff's Motion for Default Judgment (Doc. 40) is denied as moot.”
“IT IS ORDERED that Plaintiff's Motion to Strike Defendant Victor C. Breen's Answer and Counterclaims (Doc. 33) is denied as moot.”
Put Judge Humetewa's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Humetewa actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Humetewa's own signed orders and cites them.