James Donato
How Judge Donato rules, drawn from 16 signed orders. Every observation links to the order it came from.
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.”
He excludes expert opinions when a necessary analytical link depends on an assumption that is not supported by record evidence.
“The expert's opinion must rest on actual data, not unfounded assumptions.”
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.”
Donato appointed interim co-lead class counsel and imposed detailed billing and expense rules. The order limits duplicative staffing, requires time entries in tenths of an hour, restricts travel costs, and warns that noncompliant fees or expenses may be excluded.
“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.”
“the motions for reconsideration are granted and the motion to appoint counsel is granted.”
“the motions for reconsideration and to postpone the deposition (Dkt. Nos. 53, 55, 60, 61, 63) are granted.”
“The opinions and testimony of Jouganatos are excluded, and the determination of Parker's exclusion is deferred to trial.”
“Pro se plaintiff St. Pierre's ex parte application for a TRO, Dkt. No. 52, is denied.”
“St. Pierre's request to ‘supplement’ the third amended complaint with the alleged CAL FIRE incident, Dkt. No. 52 at ECF p. 1, is denied.”
“Reconsideration is denied on both counts.”
In a patent case, Donato issued a second claim-construction order to resolve a dispute that surfaced during a Rule 702 challenge. Reading the claim language, Federal Circuit precedent, and dictionary definitions together, he construed the word "set" to mean "two or more."
Caseload & timing
From public federal docket records for this judge.
Donato's San Francisco docket includes criminal matters, prisoner and civil-rights cases, consumer and contract disputes, and major multidistrict and class litigation. In Cleaves v. Sopha, he dismissed a lengthy pro se complaint after screening and adopting the conclusion that it still did not state a claim. That disposition arose from statutory screening rather than a motion filed by a party.
Draft for Judge Donato with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Donato, and what has not, cited to the signed orders.
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