Erica P. Grosjean
How Judge Grosjean rules, drawn from 11 signed orders. Every observation links to the order it came from.
How Judge Grosjean decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In prisoner civil-rights cases, recommends granting a defendant's motion to dismiss and dismissing the deficient defendants; district judges adopt after de novo review.
“Magistrate Judge Erica P. Grosjean entered findings and recommendations, recommending that 'Defendants' motion to dismiss (Doc. 20) be GRANTED,' and that '[d]efendants Clark and Bell be dismissed from this action, without further leave to amend.' ... The findings and recommendations issued by Magistrate Judge Erica P. Grosjean on September 22, 2022 (Doc. 35), are ADOPTED IN FULL.”
For civilly committed detainees, applies Fourteenth Amendment professional-judgment and substantive-due-process standards rather than prisoner deliberate-indifference doctrine when evaluating treatment and punishment claims.
“Because the cited authorities did not ‘address the rights of civil detainees,’ the magistrate judge found ‘they have no bearing on Plaintiff’s claims.’”
Procedural preferences
On summary judgment, issues mixed Findings and Recommendations, granting in part and denying in part, narrowing the case to the specific claims that survive.
“1. Defendants' motion for summary judgment (ECF No. 223) be GRANTED in part and DENIED in part; 2. This case proceed only on Plaintiff's Devereaux substantive due process claim, retaliation claim, and conspiracy claim, and that Defendants be GRANTED summary judgment as to all other claims; 3. Defendants' summary judgment motion be DENIED as to damages”
When amendment supersedes the operative complaint, recommends treating dismissal and preliminary-injunction motions directed at the prior pleading as moot.
“Defendant’s motion to dismiss the first amended complaint, Doc. 40, is DENIED as moot.”
Cautions
Recommends denying a prisoner-plaintiff's cross-motion for summary judgment and related motions (judicial notice, motion to strike) where unsupported.
“4. Plaintiff's cross-motion for summary judgment (ECF No. 235) be DENIED;”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Magistrate Judge Erica P. Grosjean entered findings and recommendations, recommending that 'Defendants' motion to dismiss (Doc. 20) be GRANTED,' and that '[d]efendants Clark and Bell be dismissed from this action, without further leave to amend.' ... The findings and recommendations issued by Magistrate Judge Erica P. Grosjean on September 22, 2022 (Doc. 35), are ADOPTED IN FULL.”
“On December 28, 2016, Magistrate Judge Erica P. Grosjean entered findings and recommendations, recommending that both motions to dismiss be granted. (ECF No. 61). ... 2. Defendant Herrera and Castro's motion to dismiss is GRANTED, with leave to amend;”
“On December 28, 2016, Magistrate Judge Erica P. Grosjean entered findings and recommendations, recommending that both motions to dismiss be granted. (ECF No. 61). ... 3. Defendant Brannum's motion to dismiss is GRANTED, with leave to amend;”
“1. Defendants' motion for summary judgment (ECF No. 223) be GRANTED in part and DENIED in part; 2. This case proceed only on Plaintiff's Devereaux substantive due process claim, retaliation claim, and conspiracy claim, and that Defendants be GRANTED summary judgment as to all other claims; 3. Defendants' summary judgment motion be DENIED as to damages”
“4. Plaintiff's cross-motion for summary judgment (ECF No. 235) be DENIED;”
“5. Plaintiff's request for judicial notice (ECF No. 206) be DENIED; and”
“6. Plaintiff's motion to strike the amended declaration of B. Feinberg, MD (ECF No. 228) be DENIED.”
During statutory screening, Grosjean recommended allowing the conspiracy, First Amendment retaliation, excessive-force, and failure-to-protect claims against one defendant to proceed while dismissing all other claims and defendants without prejudice. The district judge adopted the recommendation in full: 'This case proceed on Plaintiff's claims against Defendant Garcia... and that all other claims and defendants be dismissed.'
During statutory screening, Grosjean recommended allowing the Eighth Amendment failure-to-protect claim against one defendant to proceed while dismissing all other claims and defendants. The district judge adopted the recommendation in full: 'This case proceed on Plaintiff's claim against Defendant Jacobsen for failure to protect... and that all other claims and defendants... be dismissed.'
After the plaintiff stopped prosecuting the case, Grosjean recommended dismissal without prejudice. The district judge adopted the recommendation in full: 'This case be dismissed, without prejudice, because of Plaintiff's failure to prosecute.'
“motion to dismiss (ECF No. 52) is GRANTED IN PART and DENIED”
“motion to dismiss (ECF No. 25) be denied”
“motion to strike (ECF No. 26) be denied”
“No. 15) be denied”
“(ECF No. 42) be granted”
“requests for judicial notice be denied”
“The Findings and Recommendations dated February 18, 2025 (Doc. 16) are ADOPTED in full. 2. Defendants’ motion to dismiss (Doc. 12) is DENIED.”
“Accordingly, the undersigned HEREBY RECOMMENDS that the petition for writ of habeas corpus be DENIED.”
“Plaintiff’s motion for leave to file a second amended complaint, Doc. 54, is GRANTED IN PART insofar as plaintiff is permitted to file the second amended complaint to proceed only on his First Amendment and Equal Protection Clause claims regarding California’s filing-fee and signature-in-lieu requirements as set forth in his lodged second amended complaint. Plaintiff’s motion is DENIED IN PART insofar as plaintiff shall not be permitted to proceed on his newly proposed claim regarding his access to a voter guide.”
“Defendant’s motion to dismiss the first amended complaint, Doc. 40, is DENIED as moot.”
“Plaintiff’s motion for a preliminary injunction, Doc. 45, is DENIED as moot.”
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