James Donato
How Judge Donato decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In antitrust cases he denies a motion to dismiss where the complaint's monopolization theory raises factual disputes that cannot be resolved on the pleadings.
“The parties' familiarity with the record is assumed, and the motion is denied. ... Facebook's contentions to the contrary raise factual disputes that are not amenable to resolution in a motion to dismiss.”
In data-privacy class actions he grants a motion to dismiss only as to the legally deficient claim (such as a Stored Communications Act count) and lets the remaining claims proceed.
“Defendant Flo Health's motion to dismiss the consolidated complaint is granted for the Stored Communications Act claim and denied for all other claims.”
Procedural preferences
He applies Daubert rigorously and case-dispositively: excluding a plaintiff's essential expert opinion can leave no triable issue, and he then grants summary judgment for the defendant.
“Dr. Economides' opinions are excluded, and summary judgment is granted in favor of Meta.”
Cautions
He treats a post-trial motion to decertify the class as an improper attempt to reconsider the certification order and denies it; he does not readily disturb a jury verdict on renewed JMOL or new-trial motions.
“Meta's request is nothing more than an improper attempt to seek reconsideration of the certification order. ... This is enough to deny the request without further discussion. ... Meta's post-trial motions for decertification, judgment as a matter of law, or for a new trial are denied. Dkt. Nos. 765, 766.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant Flo Health's motion to dismiss the consolidated complaint is granted for the Stored Communications Act claim and denied for all other claims.”
“The non-Flo defendants' (Facebook, Inc., Google LLC, and Flurry, Inc.) motion is granted for the unjust enrichment claim and denied for all other claims.”
“The claims against AppsFlyer, Inc., which joined the non-Flo defendants' motion, are dismissed in toto. ... plaintiffs have not adequately alleged a concrete and particularized injury caused by AppsFlyer, and so plaintiffs lack standing to sue it. The claims against AppsFlyer are dismissed with leave to amend.”
ORDER RE CO-LEAD COUNSEL (ECF Doc. 80) appointing interim co-lead class counsel under Rule 23(g). This is a case-management order, not a party merits motion, but it carries a strong practitioner-facing signal. In a class action, Donato is 'reluctant to appoint interim counsel'; imposes strict cost/fee discipline -- no block-billing, time in tenths of an hour, no more than two lawyers billing most depositions, no recovery for every attorney reviewing each filing, coach airfare under six hours, $125/day per diem -- and warns that 'a failure to adhere to these guidelines, or the spirit animating them, will result in the exclusion of consideration for the relevant fee or cost request.' Notes a 'strong interest in diversifying lead counsel appointments.'
“The parties' familiarity with the record is assumed, and the motion is denied. ... Facebook's contentions to the contrary raise factual disputes that are not amenable to resolution in a motion to dismiss.”
“The defendants' joint motion to dismiss the DPP complaint is denied. Dkt. No. 204.”
“The U.S. subsidiary defendants' motion to dismiss the DPP complaint is granted. Dkt. No. 202. The DPPs may file an amended complaint by October 3, 2017.”
“The defendants' joint motion to dismiss the IPP complaint is granted. Dkt. No. 205. The IPPs may file an amended complaint by October 3, 2017.”
“The U.S. subsidiary defendants' motion to dismiss the IPP complaint is terminated as moot. Dkt. No. 203.”
“Meta's request is nothing more than an improper attempt to seek reconsideration of the certification order. ... This is enough to deny the request without further discussion. ... Meta's post-trial motions for decertification, judgment as a matter of law, or for a new trial are denied. Dkt. Nos. 765, 766.”
“Meta's post-trial motions for decertification, judgment as a matter of law, or for a new trial are denied. Dkt. Nos. 765, 766.”
“The Court cannot conclude that the verdict here was 'contrary to the clear weight of the evidence.' ... A new trial is denied.”
“Dr. Economides' opinions are excluded, and summary judgment is granted in favor of Meta.”
Caseload & timing
From public federal docket records for this judge.
Donato's San Francisco docket mixes a heavy criminal calendar, pro se prisoner and in forma pauperis civil-rights and RICO filings, consumer and contract cases, and high-profile multidistrict and class litigation including the Google Play antitrust MDL, In re Uber Passenger Sexual Assault MDL No. 3084, and the Flo Health privacy class action. In Cleaves v. Sopha, a pro se RICO and 'domestic terrorism' suit, a magistrate judge screened the 383-page second amended complaint under 28 U.S.C. 1915(e), found that it failed Rule 8 and presented facial limitations problems, and recommended dismissal with prejudice. Donato signed the order dismissing the case on December 14, 2023, stating that 'her SAC remain[ed] just as distant from stating a claim as her original complaint was.' This was a sua sponte screening disposition rather than a ruling on a party motion.
Put Judge Donato's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Donato actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Donato's own signed orders and cites them.