Michael T. Liburdi
How Judge Liburdi decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On removal, applies the Grable/Gunn framework and remands where the state-law claim does not necessarily raise a substantial, disputed federal issue.
“IT IS THEREFORE ORDERED: (1) The State of Arizona’s motion to remand (Doc. 12) is GRANTED. The Clerk of Court is directed to REMAND this matter to the Arizona Superior Court in Maricopa County.”
Procedural preferences
Under the Telecommunications Act, requires a provider to show the least intrusive means through a feasibility analysis of alternative sites, upholding a permit denial supported by substantial evidence.
“IT IS ORDERED Defendants’ Motion for Summary Judgment (Doc. 28) is GRANTED.”
Treats summary judgment filed before a responsive pleading and discovery as premature when the record cannot yet show whether a genuine factual dispute exists.
“Without discovery or a responsive pleading, the Court cannot yet determine whether there is a genuine issue of material fact, so the Court must deny the motions for summary judgment (Docs. 24, 28, 32) as premature.”
Requires substantial evidence before appointing a guardian ad litem and applies the exceptional-circumstances standard to requests for counsel in civil cases.
“The record does not supply enough for the Court to conclude that Ms. Berent is incompetent, so the Court will not appoint a guardian ad litem.”
Cautions
Dismisses a securities-fraud complaint that is an impermissible 'puzzle pleading' failing to allege which statements were false and why or to plead a strong inference of scienter under the PSLRA.
“IT IS ORDERED granting Defendants’ Motion to Dismiss (Doc. 50) and Underwriters’ Joinder (Doc. 52). For the reasons stated above, all Defendants, including Garcia Senior, are dismissed, without prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED granting Defendants’ Motion to Dismiss (Doc. 50) and Underwriters’ Joinder (Doc. 52). For the reasons stated above, all Defendants, including Garcia Senior, are dismissed, without prejudice.”
“IT IS THEREFORE ORDERED that the Motion to Dismiss (Doc. 15) is denied.”
“IT IS THEREFORE ORDERED: (1) The State of Arizona’s motion to remand (Doc. 12) is GRANTED. The Clerk of Court is directed to REMAND this matter to the Arizona Superior Court in Maricopa County.”
“IT IS ORDERED Defendants’ Motion for Summary Judgment (Doc. 28) is GRANTED.”
“IT IS FURTHER ORDERED Plaintiff’s Motion for Summary Judgment (Doc. 30) is DENIED.”
“IT IS ORDERED granting ASmoke's Motion to Dismiss for Lack of Personal Jurisdiction (Part of Doc. 13).”
“IT IS FURTHER ORDERED denying as moot Dansons' Renewed Motion for Preliminary Injunction (Doc. 26).”
“IT IS THEREFORE ORDERED that Plaintiff’s Motion to Retransfer Venue (Doc. 32) is DENIED.”
“Without discovery or a responsive pleading, the Court cannot yet determine whether there is a genuine issue of material fact, so the Court must deny the motions for summary judgment (Docs. 24, 28, 32) as premature.”
“The Court therefore does not have the authority to enter default at this time. And because seeking a default judgment is a two-step process that first requires an entry of default, the Court cannot enter a default judgment. The Court denies Mr. Kelly’s motion for entry of default (Doc. 37) and motion for default judgment (Doc. 39).”
“IT IS FINALLY ORDERED that Plaintiff’s Motion for Service by U.S. Marshals (Doc. 40) is GRANTED IN PART and DENIED IN PART.”
“IT IS FURTHER ORDERED that Plaintiff’s Motions to Appoint Guardian Ad Litem or Pro Bono Counsel (Docs. 2, 24) are DENIED.”
“IT IS FURTHER ORDERED that Plaintiff’s Motion to Reassign Case as Related Case (Doc. 6) is DENIED.”
“IT IS FURTHER ORDERED that Plaintiff’s Motion for Service by U.S. Marshals (Doc. 6) is DENIED.”
“IT IS FURTHER ORDERED that Plaintiff’s Motion for Order Requiring Defendants to Post Bond to Secure Judgment (Doc. 6) is DENIED.”
“IT IS FURTHER ORDERED that Plaintiff’s Emergency Motion for Writ of Mandamus (Doc. 22) is DENIED.”
“IT IS FURTHER ORDERED that Plaintiff’s Motion for Reconsideration (Doc. 23) is DENIED.”
“IT IS FURTHER ORDERED that Plaintiff’s Motion to Seal (Doc. 28) is DENIED.”
Put Judge Liburdi's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Liburdi actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Liburdi's own signed orders and cites them.