John C. Hinderaker
How Judge Hinderaker rules, drawn from 10 signed orders. Every observation links to the order it came from.
How Judge Hinderaker decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He denies a Rule 12(b)(6) motion where the contract claim is facially plausible and an affirmative defense (e.g. waiver) cannot be resolved on the pleadings.
“IT IS ORDERED DENYING Defendant Jeffery Shields's Motion to Dismiss (Doc. 14).”
Cautions
In Section 1983 false-arrest and unlawful-search cases he grants officers summary judgment on probable cause and qualified immunity where the arrest and search were valid.
“IT IS ORDERED GRANTING Defendants' Motion for Summary Judgment (Doc. 58). The Clerk of the Court shall enter judgment accordingly.”
In Title VII / ADEA employment-discrimination suits he grants the employer summary judgment in full where the plaintiff cannot establish a prima facie case or show pretext.
“IT IS ORDERED GRANTING Gowan Milling Company, LLC's Motion for Summary Judgment (Doc. 44). IT IS FURTHER ORDERED DIRECTING the Clerk of the Court to enter Judgment for the Defendant Gowan Milling Company, LLC and against the Plaintiff Maribel Zuniga.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS FURTHER ORDERED GRANTING IN PART AND DENYING IN PART Defendants' Motion for Summary Judgment (Doc. 29). Defendant's Motion for Summary Judgment is GRANTED on Counts II, III, IV, VI, VII, VIII, IX, XI, XII, XIII and XV and the portion of Counts I, X and XIV based on negligent failure to warn, and is otherwise DENIED.”
“IT IS FURTHER ORDERED GRANTING Defendants' Supplemental Motion for Summary Judgment (Doc. 89). Count XVII is DISMISSED.”
“IT IS FURTHER ORDERED DENYING WITHOUT PREJUDICE the motions seeking to limit case specific testimony (Docs. 31, 33). The parties may refile motions seeking to limit case specific testimony in light of the claims remaining as set forth in this Order.”
“IT IS ORDERED granting Defendants' Motion to Dismiss (Doc. 15). Counts One and Two and this action are dismissed with prejudice. The Clerk of Court shall enter judgment accordingly.”
“IT IS ORDERED DISMISSING WITHOUT PREJUDICE Defendants' Motion to Dismiss for failure to join an indispensable party (Doc. 72.)”
“IT IS FURTHER ORDERED DENYING Defendant's Amended Motion to Suppress (Doc. 73).”
“IT IS FURTHER ORDERED AFFIRMING Judge Markovich's Order (Doc. 113) denying Defendant's Motion to Compel or Dismiss Indictment.”
“(3) Granting Officers' Motion for Partial Summary Judgment (Doc. 28) and dismissing with prejudice Plaintiff's state law claims for False Arrest and Imprisonment and Intentional Infliction of Emotional Distress against Defendants Antonio Apodaca, Jeffrey Glesinger, Jesse Giles, and Jennifer Hawkins.”
“Without good cause appearing, denying Plaintiff's Motion for Leave to File a Second Amended Complaint (Doc. 34) and Motion for Leave to File a Third Amended Complaint (Doc. 49).”
“(2) Denying Plaintiff's Motion Under Rule 56(d) for Extension to Conduct Discovery (Doc. 48).”
“IT IS ORDERED GRANTING Defendants' Motion for Summary Judgment (Doc. 58). The Clerk of the Court shall enter judgment accordingly.”
“IT IS ORDERED GRANTING Gowan Milling Company, LLC's Motion for Summary Judgment (Doc. 44). IT IS FURTHER ORDERED DIRECTING the Clerk of the Court to enter Judgment for the Defendant Gowan Milling Company, LLC and against the Plaintiff Maribel Zuniga.”
“IT IS ORDERED DENYING Defendant Jeffery Shields's Motion to Dismiss (Doc. 14).”
“IT IS FURTHER ORDERED denying as moot Defendants' Motion to Dismiss (Doc. 4).”
“IT IS ORDERED Plaintiff's request for a Temporary Restraining order and Plaintiff's request for Waiver of Fees (Doc. 1) is denied.”
“IT IS ORDERED denying Defendant's Motion to Suppress Other Fires (Doc. 37).”
“IT IS ORDERED GRANTING Defendant's Motion for Summary Judgment (Doc. 25). The Clerk of the Court shall enter judgment accordingly.”
“IT IS FURTHER ORDERED DENYING Plaintiff's Partial Motion for Summary Judgment (Doc. 27).”
“IT IS FURTHER ORDERED DENYING AS MOOT Plaintiff's Motion to Certify Class (Doc. 26).”
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