Noël Wise
How Judge Wise rules, drawn from 25 signed orders. Every observation links to the order it came from.
How Judge Wise decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A detailed chronological pleading that connects alleged conduct to specific statements, omissions, and scienter allegations can survive dismissal in a securities case.
“Plaintiffs substantially clarify and bolster their claims in the TAC. They supplement and reorganize the presentation of the facts and adequately explain why certain events and statements, made by Defendants prior to the class period, provide context and support for the alleged falsity and deception of Defendants' statements and actions during the Class Period.”
Procedural preferences
She declines to resolve factual disputes about limitations or contract formation on a motion to dismiss when the pleadings and judicially noticeable record do not settle them.
“These arguments are factual in nature and therefore inappropriate on a motion to dismiss.”
Cautions
After an amended complaint repeats a previously identified defect without new facts suggesting another amendment would help, she may dismiss without further leave.
“Plaintiffs have had an opportunity to amend the complaint to allege the requisite facts, yet were unable to do so. As there is nothing to support that Plaintiffs have new facts they could allege, amendment would be futile. Accordingly, the dismissal is WITHOUT LEAVE TO AMEND.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Having duly considered the parties' written submissions, the Court GRANTS the motions and DISMISSES the complaint with partial leave to amend.”
“View Operations' motion to dismiss is GRANTED WITH LEAVE TO AMEND.”
“Sahai's motion for summary judgment and Lincoln's motion for summary judgment are DENIED.”
“The Court GRANTS Apple’s motion to dismiss without leave to amend.”
“Longley’s motion to dismiss is DENIED”
“Becker’s motion to dismiss is DENIED”
“FDIC-R’s motion to dismiss Counts 1 – 4 is DENIED. • FDIC-R’s motion to dismiss Counts 5 and 6 is GRANTED WITH PREJUDICE.”
“Defendant’s motion is GRANTED without leave to amend. Plaintiff’s FAC is dismissed with prejudice.”
“DENIES Plaintiffs’ motion for partial summary judgment”
“DENIES County Defendants’ motion for summary judgment”
“DENIES the CFMG Defendants’ motion for summary judgment”
“Accordingly, the Court DENIES both motions to exclude.”
“The Court GRANTS Defendant’s cross-motion for summary judgment and DENIES Plaintiff’s motion for summary judgment and remand.”
“For the reasons above, Plaintiff’s motion for a preliminary injunction is DENIED.”
“Henderson’s motion for class certification is DENIED.”
“Accordingly, the Court DENIES the motion for the appointment of counsel.”
“For the foregoing reasons, Defendant’s Motion to Remand is GRANTED.”
“Plaintiff’s motion for summary judgment is DENIED.”
“The Court DENIES the motions to dismiss submitted by the Exchange Act Defendants, ECF No. 121, KPMG, ECF. No. 123, and the Executive, Underwriter and Director Defendants, ECF No. 125.”
“KPMG’s motion to dismiss is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The sampled matters are newly filed and pending, including securities, immigration-detention habeas, civil-rights, self-represented, and criminal cases. No terminated cases appeared in the sample, so case-duration figures are not yet available.
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