Susan M. Brnovich
How Judge Brnovich rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Brnovich decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Holds FLSA claims barred by the Railway Labor Act air-carrier exemption where the work is traditionally performed by airline employees, even for a remote worker.
“IT IS HEREBY ORDERED granting in part and denying in part Defendant American Airlines, Inc. Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 17). The Motion is granted as to Counts I, II and IV, which are each dismissed without prejudice. The Motion is denied as to Count III.”
Procedural preferences
On motions to dismiss, applies differentiated prejudice claim-by-claim, dismissing federal claims without prejudice under Rule 12(b)(1) while dismissing time- or statute-barred state claims with prejudice under Rule 12(b)(6).
“IT IS ORDERED granting MV's Motion to Dismiss (Doc. 10). IT IS FURTHER ORDERED dismissing Plaintiff's federal discrimination and retaliation claims (Counts Two and Three) without prejudice under Rule 12(b)(1). IT IS FURTHER ORDERED dismissing Plaintiff's state law discrimination and wrongful termination/retaliation claims (Count One) with prejudice under Rule 12(b)(6). IT IS FURTHER ORDERED dismissing Plaintiff's defamation claim (Count Four) without prejudice under Rule 12(b)(6). IT IS FURTHER ORDERED granting Plaintiff leave to amend Count Four of his original Complaint within twenty-one (21) days from the entry of this Order.”
Cautions
Treats claims a plaintiff fails to defend in opposition as abandoned under Local Rule 7.2(i) and grants summary judgment on them.
“IT IS ORDERED that Defendant's Motion for Summary Judgement (Doc. 51.) is granted in part and denied in part as explained above.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that the Plaintiff's Motion for Summary Judgment, (Doc. 16), is denied and ONHIR's Cross-Motion for Summary Judgment, (Doc. 20), is granted.”
“IT IS ORDERED granting MV's Motion to Dismiss (Doc. 10). IT IS FURTHER ORDERED dismissing Plaintiff's federal discrimination and retaliation claims (Counts Two and Three) without prejudice under Rule 12(b)(1). IT IS FURTHER ORDERED dismissing Plaintiff's state law discrimination and wrongful termination/retaliation claims (Count One) with prejudice under Rule 12(b)(6). IT IS FURTHER ORDERED dismissing Plaintiff's defamation claim (Count Four) without prejudice under Rule 12(b)(6). IT IS FURTHER ORDERED granting Plaintiff leave to amend Count Four of his original Complaint within twenty-one (21) days from the entry of this Order.”
“IT IS ORDERED that Defendant's Motion for Summary Judgement (Doc. 51.) is granted in part and denied in part as explained above.”
“IT IS HEREBY ORDERED granting Intel's Motion for Summary Judgment. (Doc. 45).”
“IT IS HEREBY ORDERED granting Defendants Motion to Dismiss (Doc. 11). Plaintiff's Amended Complaint is dismissed with leave to file a Second Amended Complaint within thirty (30) days of the date of this Order.”
“IT IS HEREBY ORDERED granting in part and denying in part Defendant American Airlines, Inc. Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 17). The Motion is granted as to Counts I, II and IV, which are each dismissed without prejudice. The Motion is denied as to Count III.”
“The Court will grant in part and deny in part the parties' respective Motions (Doc. 78; Doc. 81).”
“IT IS HEREBY ORDERED affirming the December 1, 2023 decision of the ALJ.”
“reviewing the briefing and the relevant case law, the Court will deny the Motion.”
“IT IS HEREBY ORDERED granting in part and denying in part Plaintiffs'”
“jurisdiction (Doc 43.) is granted with prejudice.”
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