Sheri Bluebond
How Judge Bluebond rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Bluebond decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A contract selecting California law and a California forum supported personal jurisdiction over a foreign bank when the dispute arose from that agreement.
“CMB expressly agreed in the Settlement Agreement that, if disputes arose under that agreement, these disputes could be resolved in California.”
A creditor seeking to except a debt from discharge must prove every element of the asserted statutory theory.
“Plaintiff has failed to establish any of the elements necessary to state a claim under Bankruptcy Code section 523(a)(2)(A).”
Procedural preferences
Motions for reconsideration may be decided on the papers when oral argument would add no useful purpose.
“Judge Bluebond customarily decides motions for reconsideration on the papers alone, without oral argument.”
Removal requires filing a notice of removal in the bankruptcy case; a separate declaratory action does not accomplish removal.
“To remove a civil action to bankruptcy court, a party must file a notice of removal in the Bankruptcy Case.”
Very late claim objections may be barred where delay, prior allowance orders, and lack of service would prejudice creditors and estate administration.
“The Debtor has had a period of almost 6 years to file the Objections and failed to do so until 2 days before the hearing on the Trustee’s Final Report”
Cautions
Using the wrong, plainly stated bankruptcy appeal deadline can weigh heavily against excusable neglect even when the delay is short and counsel acted in good faith.
“the reason for the delay—counsel’s failure to apply the correct and plainly-stated procedural rule—was entirely within the reasonable control of Movant's counsel.”
Affirmative relief inserted into an opposition may be rejected as procedurally improper and require a separate motion or adversary proceeding.
“It is procedurally improper for Patisso to request affirmative relief of the kind that he has requested by inserting his request in an opposition to a motion to withdraw.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS HEREBY ORDERED that the Emergency Motion for Stay Pending Appeal filed by Debtors Jesse Lee Ross and Cheryl Lynn Ross is DENIED.”
“Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction is DENIED.”
“Accordingly, the Motion for Reconsideration is DENIED.”
“IT IS HEREBY ORDERED that the above-referenced adversary proceeding is dismissed.”
“IT IS ORDERED that the Debtor’s motion for reconsideration of the Denial Order be and hereby is DENIED.”
“IT IS HEREBY ORDERED that the Motion is DENIED on both substantive and procedural grounds.”
“The Objections are overruled in their entirety.”
“its motion to dismiss for lack of in personam jurisdiction should therefore be denied.”
“IT IS HEREBY ORDERED that the Debtor’s motion for a stay pending appeal is DENIED.”
“Plaintiff has failed to establish any of the elements necessary to state a claim under Bankruptcy Code section 523(a)(2)(A).”
“Plaintiff has failed to establish any of the elements necessary to state a claim under Bankruptcy Code section 523(a)(6).”
“The Motions are DENIED with prejudice.”
“The Debtor’s request for hearings on the Motions is DENIED with prejudice.”
“The Debtor’s request for an order requiring the parties to participate in a mediation in the UD Action, or for a stay while the parties engage in mediation in the UD Action, is DENIED with prejudice.”
“To the extent that the Debtor has requested an order of this Court vacating or reconsidering any orders entered in the UD Action, that request is DENIED with prejudice.”
“The Opposition is hereby OVERRULED in its entirety.”
“Any purported ‘cross motions’ contained within the Opposition are hereby DENIED.”
Caseload & timing
From public federal docket records for this judge.
Five sampled early-tenure matters were terminated in 117 to 1,319 days, with a median of 125 days. Five recently filed sampled matters remained pending. This boundary sample is descriptive and is not a complete caseload census.
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