Mary Helen Murguia

U.S. District Court for the District of Arizona district Retired 2011 · served 2000–2011 Appointed by William J. Clinton (Democratic) 11 signed orders read

Judge Murguia no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Murguia decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

On a novel administrative-law question, she treated congressionally authorized presidential directives as potentially enforceable against an agency when they imposed a required, discrete action.

“when an agency fails to comply with a statutory obligation, judicial review of that final agency action or inaction is generally available under the APA.”

She declined sanctions where a losing copyright theory was incorrect but not so objectively baseless as to be frivolous.

“Though Plaintiffs legal theory ultimately proved to be incorrect as explained above, this Court does not find it is so objectively baseless to qualify as completely frivolous.”

Procedural preferences

At the dismissal stage, she confined the analysis to the complaint rather than considering external evidence about the officers' training, experience, or observations.

“It would be inappropriate at this stage of the proceedings for the Court to consider evidence external to the Complaint, such as the training, experience and observations of the arresting officers.”

She treated failure to preserve an expert-methodology objection before post-trial briefing as a forfeiture of that challenge.

“Defendants cannot attack Mr. Freed’s methodology through post trial motions when they have failed to make the proper record.”

She rejected a claim-construction argument first raised at oral argument as untimely.

“First, the Court notes that this argument is extremely untimely.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Bard Peripheral Vascular, Inc. v. W.L. Gore & Associates, Inc.
· 2008-07-29
Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS ORDERED denying Gore’s Motion for JMOL Regarding Plaintiffs’ Claim of Willful Infringement (Doc. 651).”

Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS FURTHER ORDERED denying Gore’s Motion for JMOL Regarding Invalidity of the '135 Patent for Failure to Disclose Best Mode (Doc. 731).”

Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS FURTHER ORDERED denying Gore’s Motion for JMOL that Claims 20-27 are Invalid for Failure to Satisfy the Written Description Requirement of 35 U.S.C. § 112, ¶ 1 (Doc. 732).”

Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS FURTHER ORDERED denying Gore’s Motion for JMOL Regarding Plaintiffs’ Failure to Prove that Gore’s Accused Products Meet the Typicality Element of Claims 20-27 (Doc. 734).”

Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS FURTHER ORDERED denying Gore’s Motion for JMOL that Claims 20-27 are Invalid under 35 U.S.C. § 102(b)”

Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS FURTHER ORDERED denying Gore’s Motion for JMOL Regarding Plaintiffs’ Claim that Propaten Infringes the '135 Patent (Doc. 737).”

Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS FURTHER ORDERED denying Gore’s Motion for JMOL Regarding Invalidity for Anticipation by Dr. Norton’s December 1971 Use in ‘Mrs. B’ (Doc. 740).”

Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS FURTHER ORDERED denying Gore’s Motion for JMOL Regarding Invalidity for Improper Inventorship Because Cooper and Goldfarb are Joint Inventors (Doc. 741).”

Motion for judgment as a matter of law (defendant W.L. Gore & Associates, Inc.) Denied

“IT IS FURTHER ORDERED denying Gore Motion for JMOL Regarding Plaintiffs’ Lack of Standing (Doc. 652).”

Skydive Arizona, Inc. v. Quattrochi
· 2010-03-31
Motion to reduce jury verdict (defendants) Denied

“IT IS HEREBY ORDERED denying Defendants’ Motion to Reduce Jury Verdict. (Dkt. #376)”

Post trial motion for judgment remittitur or new trial (defendants) Denied

“IT IS FURTHER ORDERED denying Defendants’ Motion for Judgement not Withstanding the Verdict, Accounting, Remittitur, or in the Alternative, a New Trial. (Dkt. # 395).”

Motion for attorney fees (plaintiff Skydive Arizona, Inc.) Granted

“IT IS FURTHER ORDERED granting Plaintiffs Motion for Attorney Fees pursuant to 15 U.S.C. § 1117. (Dkt. #371).”

Motion for increased damages and profits (plaintiff Skydive Arizona, Inc.) Granted in part

“IT IS FURTHER ORDERED granting in part and denying in part Plaintiffs Motion for an Award of Increased Damages and Profits. (Dkt. #396).”

Ortega Melendres v. Arpaio
· 2009-02-10
Motions to dismiss (defendants Joseph M. Arpaio, Maricopa County, and the Maricopa County Sheriff's Office) Denied

“IT IS HEREBY ORDERED denying Defendants’ Motion to Dismiss. (Dkt. #39.)”

Motion for expedited rule 16 conference (plaintiffs) Moot / procedural

“IT IS FURTHER ORDERED denying as moot Plaintiffs’ Motion for an Expedited Rule 16 Conference. (Dkt. # 49.)”

Western Watersheds Project v. Bureau of Land Management
· 2009-06-12
Motions to dismiss (defendant Bureau of Land Management) Granted in part

“IT IS HEREBY ORDERED granting in part and denying in part the BLM’s Motion to Dismiss. (Dkt. # 25).”

Giddings v. Vision House Production, Inc.
· 2008-10-23
Summary judgment (defendants Vision House Production, Inc., Cindy Rarig, and Jonathan Rarig) Granted

“IT IS HEREBY ORDERED granting Defendants’ Motion for Summary Judgment and dismissing this case for lack of subject matter jurisdiction.”

Summary judgment (plaintiff Lori Jo Giddings) Moot / procedural

“IT IS FURTHER ORDERED denying Plaintiffs Motion for Summary Judgment as to Liability of Defendants as moot.”

Motion for sanctions (defendants) Denied

“IT IS FURTHER ORDERED denying Defendant’s Motion for Sanctions Against Plaintiff and Counsel.”

Dialog4 System Engineering GmbH v. Circuit Research Labs, Inc.
· 2009-03-31
Motion for partial summary judgment (plaintiff Dialog4 System Engineering GmbH) Granted in part

“IT IS HEREBY ORDERED granting in part and denying in part Plaintiffs Motion for Partial Summary Judgment. (Dkt. # 17).”

Eaglepitcher Management Co. v. Zurich American Insurance
· 2009-07-30
Motion for partial summary judgment (plaintiff EaglePicher Management Company) Granted

“IT IS HEREBY ORDERED granting EPMC’s motion for partial judgment”

Summary judgment (defendant Zurich American Insurance Company) Denied

“IT IS FURTHER ORDERED denying Zurich’s motion for summary judgment. (Dkt. # 147)”

Colson v. Avnet, Inc.
· 2010-01-27
Motions to dismiss (defendant Avnet, Inc.) Granted in part

“IT IS HEREBY ORDERED granting in part Defendant Avnet, Inc.’s Motion to Dismiss the First Amended Complaint, (Dkt. # 83).”

Motion for collective action notification (plaintiff Michelle Colson) Denied

“IT IS FURTHER ORDERED denying Plaintiff Michelle Colson’s Motion for Collective Action Notification, (Dkt. # 18).”

Stipulation for electronic discovery protocol (the parties) Granted

“IT IS FURTHER ORDERED granting the Parties’ stipulation setting forth a protocol for the informal exchange of electronically stored information. (Dkt. # 111).”

Danko v. Atlas Van Lines, Inc.
· 2008-06-23
Motion for partial summary judgment (defendant Atlas Van Lines, Inc.) Denied

“IT IS ORDERED denying the Defendant’s Motion for Partial Summary Judgment. (Dkt. # 46).”

Motion for leave to supplement statement of facts (plaintiff Dennis Danko) Denied

“IT IS FURTHER ORDERED denying the Plaintiffs Motion for Leave to File a Supplemental Statement of Facts, (Dkt. # 59)”

Motion for leave to file surreply (defendant Atlas Van Lines, Inc.) Denied

“the Defendant’s Motion for Leave to File Sur-Reply. (Dkt. # 63).”

Taser International, Inc. v. Stinger Systems, Inc.
· 2010-03-31
Summary judgment (defendant Stinger Systems, Inc.) Granted in part

“IT IS HEREBY ORDERED denying in part and granting in part Stinger’s Motion for Summary Judgment of Patent Invalidity or Noninfringement. (Dkt. # 160).”

Motion for partial summary judgment (plaintiff TASER International, Inc.) Granted

“IT IS FURTHER ORDERED granting TASER’s Motion for Partial Summary Judgment of Literal Infringement. (Dkt. # 184).”

Request for consolidated oral argument (defendant Stinger Systems, Inc.) Moot / procedural

“IT IS FURTHER ORDERED denying as moot Stinger’s request for consolidated oral argument.”

Motion for leave to file supplemental declaration (plaintiff TASER International, Inc.) Denied

“IT IS FURTHER ORDERED denying TASER’s Motion for Leave to File Supplemental Counsel Declaration in Support of TASER’s Reply in Support of its Motion for Partial Summary Judgment of Literal Infringement. (Dkt. # 197).”

Motion for leave to file surreply or strike reply (plaintiff TASER International, Inc.) Denied

“IT IS FURTHER ORDERED denying TASER’s Motion for Leave to File Surreply or in the Alternative to Strike Stinger Systems, Inc.’s Improper and Oversized Reply in Support of Motion for Summary Judgment. (Dkt. # 199).”

Thompson v. Paul
· 2009-06-30
Motions to dismiss (defendant Capitol Detective Agency, Inc.) Granted in part

“IT IS HEREBY ORDERED granting in part and denying in part Defendant Capitol Detective Agency’s Motion to Dismiss. (Dkt. # 104).”

Motion for reconsideration (plaintiffs) Granted in part

“IT IS FURTHER ORDERED granting in part and denying in part Plaintiffs’ Motion for Reconsideration. (Dkt. # 118).”

Motion for leave to amend (plaintiffs) Granted in part

“IT IS FURTHER ORDERED granting in part and denying in part Plaintiffs’ Motion for Leave to File a Second Amended Complaint. (Dkt. # 119).”

A historical record

Judge Murguia 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.