Sandra R. Klein
How Judge Klein rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Klein decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A later declaration may be disregarded as a sham only when the contradiction with prior testimony is itself a sham and the inconsistency is clear and unambiguous.
“To trigger the sham affidavit rule, the Court must determine that: 1) the contradiction between the deposition and the declaration or affidavit is a sham, and 2) the inconsistency between the deposition testimony and subsequent affidavit is clear and unambiguous.”
Procedural preferences
Pretrial stipulations must be filed, but need not be lodged separately through the court's order-upload system.
“pre-trial stipulation be filed, but not separately lodged, in LOU.”
Non-individual Chapter 11 debtors must use the judge's disclosure-statement and plan form.
“it is mandatory that the debtor use Judge Klein’s Disclosure”
Cautions
Forms marked mandatory under the local rules remain mandatory in cases assigned to Judge Klein.
“All LBR forms marked ‘mandatory’ in the footer of the form”
A debtor seeking to avoid a junior lien on a principal residence must proceed by motion using the designated local form.
“Debtors seeking to avoid a junior lien on a principal residence must use LBR”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated above, the MSJ is GRANTED as to Counts 1, 2, 5, 6, 7 and 8. The MSJ is DENIED as to Counts 3 and 4.”
“The Stipulation is APPROVED;”
“The Stipulation is APPROVED;”
“IT IS HEREBY ORDERED that the objection is SUSTAINED in part”
Caseload & timing
From public federal docket records for this judge.
The ten sampled matters terminated in 2 to 2,001 days, with a median of 75.5 days. Five were filed on the first day of Judge Klein's original term and five were among the newest matters returned before that term ended. This boundary sample is descriptive and is not a complete caseload census.
Draft for Judge Klein with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Klein, and what has not, cited to the signed orders.
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