Haywood S. Gilliam, Jr.
How Judge Gilliam rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Gilliam decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At preliminary settlement approval, he checks for informed non-collusive negotiation, preferential treatment, whether the result falls within the possible approval range, and obvious deficiencies before approving notice to a class.
“Courts may preliminarily approve a settlement and notice plan to the class if the proposed settlement: (1) appears to be the product of serious, informed, non-collusive negotiations; (2) does not grant improper preferential treatment to class representatives or other segments of the class;”
Cautions
After repeated amendment opportunities, he may deny further leave where a theory still lacks a required element, while allowing other adequately pleaded claims in the same complaint to proceed.
“Accordingly, Plaintiffs’ FAL claim is DISMISSED WITHOUT LEAVE TO AMEND. See Zucco Partners, LLC v. Digimarc Corp., 552 F.3d 981, 1007 (9th Cir. 2009) (district court’s discretion to deny leave to amend is ‘particularly broad’ where leave to amend has previously been granted).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons noted above, the Court GRANTS Defendants' motion to dismiss Plaintiff's Class Action Complaint for failure to state a claim WITH LEAVE TO AMEND.”
“Accordingly, the Court GRANTS Defendant's motion to dismiss the UCL claim.”
“Because it appears likely that Colorado River controls, and because neither party addresses that standard in the motion to stay, the Court DENIES that motion. This denial is without prejudice to Defendant refiling a motion addressing the factors the Ninth Circuit has identified...”
“The Court DENIES Defendant's motion to dismiss for lack of personal jurisdiction and based on forum non conveniens.”
“The Court GRANTS IN PART and DENIES IN PART Defendant's motion to dismiss. The Court DENIES the motion with respect to Plaintiff Heuchan's claims. The Court GRANTS [the motion as to the remaining claims]... Teint foundation products are DISMISSED without leave to amend.”
“For the foregoing reasons, Defendants' motion for summary judgment is GRANTED.”
“Plaintiff's motion for class certification is DENIED. The Clerk shall close the file.”
“The Court GRANTS the motion to dismiss WITHOUT LEAVE TO AMEND. The Clerk is directed to close the case.”
“Because the Arbitration Agreement is valid and enforceable, and Plaintiff's claims undisputedly fall within its scope, the Court GRANTS Defendant's motion to compel arbitration. This action is hereby STAYED pending resolution of the arbitration.”
“The Court GRANTS Defendants' motion to remand and REMANDS the case to Sonoma Superior Court. The clerk is directed to remand the case and close the file.”
“Defendants were not served with the complaint until August 3, 2016. Defendants' removal of this action on September 2, 2016 is therefore timely. The Court DENIES Plaintiff's motion for remand.”
“the Court GRANTS defendants' motion to dismiss the action as time-barred. The Clerk shall enter judgment in favor of defendants and against plaintiff.”
“the Court GRANTS the motion and REMANDS the case to the California Superior Court for Alameda County.”
“Plaintiff has failed to make the showing required under Rule 59(e) and the local rules. ... As a result, the Court DENIES Plaintiff's motion for reconsideration.”
“Plaintiff has not met his burden for certification. Accordingly, the Court DENIES Plaintiff's motion, Dkt. No. 37.”
Caseload & timing
From public federal docket records for this judge.
Gilliam's Oakland caseload is broad and high-volume. A roughly two-week filing sample from May 2022 included more than 20 assigned cases involving employee benefits, securities, product liability, patents, copyright, employment civil rights, racketeering, administrative review, habeas petitions, and consumer claims. The durations below come from terminated cases in that sample.
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Gilliam, and what has not, cited to the signed orders.
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