Rosemary Márquez
How Judge Márquez decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Adjudicates summary judgment claim-by-claim rather than wholesale, granting and denying within a single order and even within a single party's motion (e.g. standing resolved separately on the cross-motion).
“Defendant's Motion for Summary Judgment (Doc. 49) is granted in part and denied in part... granted as to the Rehabilitation Act claim... denied as to the Americans with Disabilities Act claim... Plaintiff's Motion for Summary Judgment (Doc. 51) is granted as to the issue of standing... otherwise denied.”
She is reluctant to halt litigation: a Landis stay pending a related higher-court case will be denied where the movant's only hardship is potentially-unnecessary litigation costs and the opposing party alleges ongoing harm or seeks injunctive relief. Bring a stay motion only with a concrete showing of hardship beyond cost.
“After weighing the competing interests which will be affected by the granting or denial of a stay, the Court declines to grant a Landis stay.”
On a Rule 12(b)(6) motion she will not consider evidence outside the pleadings or convert the motion to summary judgment before discovery has commenced; fact-bound defenses (e.g. adequacy of notice) are deferred to summary judgment or trial. Plead a complete claim and save the evidentiary fight for after discovery.
“The Court cannot consider Plaintiffs' evidence without converting the Rule 12(b)(6) Motion into one for summary judgment under Rule 56, and the Court declines to do so, because discovery in this action has not commenced and a motion for summary judgment is premature.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that Defendants' Motion to Dismiss (Doc. 18) is granted in part and denied in part. The Motion is granted as to Plaintiff's CFA, RICO, and public nuisance claims. The Motion is otherwise denied. The remaining claims in this action are Counts One, Three, Four, Five, Six, and Eight of the Complaint.”
“IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Amended Complaint (Doc. 29) is granted. Plaintiff's First Amended Complaint (Doc. 28) is dismissed with prejudice. The Clerk of Court is directed to enter judgment in favor of Defendant and close this case.”
“IT IS ORDERED that Plaintiff's Motion for Reconsideration (Doc. 32) and Notice (Doc. 34) are denied. No further motions or arguments regarding default will be considered.”
“Defendant's Motion for Summary Judgment (Doc. 49) is granted in part and denied in part as follows: a. Summary judgment is denied as to the issue of standing. b. Summary judgment is granted as to the Rehabilitation Act claim. c. Summary judgment is granted as to the Affordable Care Act claim. d. Summary judgment is denied as to the Americans with Disabilities Act claim. e. Summary judgment is denied as to the Fair Housing Act and Arizona Fair Housing Act claims.”
“Plaintiff's Motion for Summary Judgment (Doc. 51) is granted as to the issue of standing. Plaintiff's Motion for Summary Judgment is otherwise denied.”
“IT IS ORDERED that Get Air, LLC’s Objection (Doc. 164) is overruled, and Judge Markovich’s Report and Recommendation (Doc. 158) is accepted and adopted in full. IT IS FURTHER ORDERED that Get Air, LLC’s Motion to Dismiss (Doc. 97) is denied.”
“IT IS FURTHER ORDERED that Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint (Doc. 28) and Defendant's Request for Judicial Notice (Doc. 28-1) are granted. Plaintiff's Second Amended Complaint (Doc. 27) is dismissed with prejudice for failure to state a claim. The Clerk of Court is directed to enter judgment in favor of Defendant and close this case.”
“IT IS ORDERED that Plaintiff's Motion to take Judicial Notice (Doc. 33) is denied, and Plaintiff's Motion for Temporary Restraining Order (Doc. 34) is denied as moot.”
“IT IS FURTHER ORDERED that Defendant's Motion for Summary Judgment (Doc. 67) is denied.”
“IT IS FURTHER ORDERED that Plaintiff's Motion for Partial Summary Judgment (Doc. 69) is denied.”
“IT IS ORDERED that Defendant's Motion to file Second Motion for Summary Judgment (Doc. 61) is denied.”
“IT IS ORDERED that the Agency Defendants' Motion for Voluntary Remand (Doc. 72) is granted to the extent it requests voluntary remand of the Navigable Waters Protection Rule. IT IS FURTHER ORDERED that the Navigable Waters Protection Rule is vacated and remanded for reconsideration”
“IT IS FURTHER ORDERED that all other pending Motions (Docs. 47, 75, 77, 79) are denied without prejudice.”
“IT IS ORDERED that Defendant's Motion to Dismiss (Doc. 5) is partially granted and partially denied. The Motion is granted to the extent that the claims for property damage and car rental expenses asserted in Plaintiffs' Complaint (Doc. 1-3) are dismissed without prejudice. The Motion is otherwise denied”
“IT IS FURTHER ORDERED that Plaintiffs' Motion for Leave to File Surreply (Doc. 12) is granted to the extent the Court has considered the arguments raised in the attached Surreply (Doc. 12-2).”
“Defendants Pima County Sheriff's Office and Sheriff Clarence Dupnik's Motion to Dismiss (Doc. 8) is granted. Defendant Pima County Sheriff's Office is dismissed with prejudice. Defendant Sheriff Clarence Dupnik is dismissed without prejudice.”
“Defendants City of Tucson and Tucson City Attorney Michael Rankin's Motion to Dismiss (Doc. 9) is granted. Defendant Tucson City Attorney Michael Rankin is dismissed with prejudice. Defendant City of Tucson is dismissed without prejudice.”
“IT IS ORDERED that Plaintiff's Motions to Strike Affirmative Defenses (Docs. 64, 65) are partially granted and partially denied, as set forth above and summarized below”
“After weighing the competing interests which will be affected by the granting or denial of a stay, the Court declines to grant a Landis stay. IT IS ORDERED that Defendants' Motion to Stay (Doc. 99) is denied.”
Put Judge Márquez's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Márquez actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Márquez's own signed orders and cites them.