Richard A. Paez
How Judge Paez rules, drawn from 22 signed orders. Every observation links to the order it came from.
Judge Paez no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Paez decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A patent challenger obtained partial judgment when prosecution history foreclosed the asserted infringement theory, while disputed facts defeated the invalidity branches.
“The Court further DENIES defendants’ motion for summary judgment for invalidity of the ’083 patent on the grounds of new matter and non-enabling because there are material facts in dispute.”
Conditional habeas relief followed where the state sentencing procedure omitted factual findings required by state law and thereby denied due process.
“IT IS HEREBY ADJUDGED that the Petition for Writ of Habeas Corpus is granted, unless petition is brought to retrial on the sentencing issue within 90 days”
Preliminary patent relief was supported by an initial showing of validity, infringement, irreparable harm, and a favorable balance of hardships.
“Plaintiffs have made an initial showing that the two patents at issue are both valid and infringed, hence showing a likelihood of success on the merits, that plaintiffs will suffer irreparable harm if the Court does not grant the application for a preliminary injunction, and that the balance of hardships favors plaintiffs.”
Procedural preferences
A state-law wage claim was remanded when resolving it did not require interpreting the collective-bargaining agreement.
“plaintiffs narrow claim for statutory waiting time penalties is not intricately intertwined with the Local 728 CBA.”
Class certification required plaintiffs seeking injunctive relief to show that the requested remedy could redress their alleged injuries.
“plaintiffs lack standing for purposes of a(b)(2) class action because their harms cannot be legally redressed by injunctive relief.”
Cautions
A self-represented qui tam relator could not represent the United States without being admitted to the bar.
“Because Schwartz is admittedly not a member of any bar she may not represent the real party in interest in a qui tam action, the United States.”
The act-of-state doctrine barred claims that would require adjudicating a foreign sovereign's expropriation of property.
“the doctrine bars all claims for expropriation of property.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants’ motion for partial summary adjudication came on regularly for hearing before this Court on July 15, 1994. The Court took the matter under submission. After reviewing the materials submitted by the parties, arguments of counsel, and all other matters presented to the Court, it is hereby ORDERED that defendants’ motion is GRANTED.”
The court selected California law for a copyright-related likeness dispute without resolving a separable party motion.
“IT IS ADJUDGED that pursuant to Fed. R.Civ.P. 54(b) Judgment be entered dismissing with prejudice the Complaint and action against defendants Securities and Exchange Commission, Manuel Real, Rory C; Flynn, C.J. Rinaldi, and Cheryl Searboro.”
“For the reasons set forth above, the judgment of the bankruptcy court is AFFIRMED.”
“Plaintiff fails to raise a triable issue of fact on UAL’s sixth affirmative defense for limitation of liability under the Warsaw Convention. As such, the Court GRANTS UAL’s motion for summary adjudication of its sixth affirmative defense.”
“For the reasons set forth above, plaintiffs motion to remand is GRANTED.”
“For the foregoing reasons, defendant’s motion for relief from void judgment is denied.”
“Accordingly, Defendant’s Motion for Summary Judgment is GRANTED.”
“Accordingly, the motion to dismiss is granted with respect to claims by the NCGUB, the FTUB in its representative capacity, and the individual plaintiffs’ claims for conversion and trespass.”
“Consequently, defendant’s motion for summary judgment and for an order compelling arbitration are DENIED arid plaintiffs motion for remand is GRANTED.”
“Accordingly, plaintiffs motion for attorneys’ fees is GRANTED.”
“The Petition for Return of Children is therefore DENIED.”
“IT IS HEREBY ADJUDGED that the Petition for Writ of Habeas Corpus is granted, unless petition is brought to retrial on the sentencing issue within 90 days of the Judgment becoming final, unless extended as authorized by state law.”
Caseload & timing
From public federal docket records for this judge.
The reviewed authored decisions and fixed docket sample span securities, contracts, forfeiture, employment, habeas, labor, patent, insurance, civil-rights, and international-law matters. The sample does not support a quantified caseload claim.
A historical record
Judge Paez no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.