Thomas S. Hixson
How Judge Hixson rules, drawn from 11 signed orders. Every observation links to the order it came from.
How Judge Hixson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In denying transfer, he gave substantial weight to a resident plaintiff's chosen forum and considered modern video testimony and electronic document transfer in assessing practical burden.
“The Court affords Plaintiff’s chosen forum great weight. He lives in this District and his limited means would make it difficult for him to effectively litigate this case in the District of Arizona.”
Procedural preferences
He may defer evidentiary questions until trial when admissibility depends on a foundation that has not yet been laid.
“The Court expresses no view on that argument here but will wait to see what foundation is laid at trial.”
At the pleading stage, he accepted detailed circumstantial allegations about automated calls without requiring a plaintiff to possess the defendant's technical evidence before discovery.
“Twombly and Iqbal do not require a plaintiff to possess or to plead evidence. Rather, ‘detailed factual allegations are not required,’ and a complaint need only have sufficient factual allegations to ‘state a claim to relief that is plausible on its face.’”
Cautions
Where missed discovery obligations appeared attributable to counsel, he rejected case-ending and evidence-preclusion sanctions but imposed a limited monetary sanction on counsel.
“Given that these failures appear to be the fault of Plaintiff’s counsel, the Court finds BART’s request is exceptionally harsh under the circumstances and therefore DENIES BART’s request to prohibit Plaintiff from presenting any evidence.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On September 3, 2019, Magistrate Judge Thomas S. Hixson issued a Report and Recommendation, recommending dismissal of this IFP action for failure to state a claim on which relief may be granted pursuant to 28 U.S.C. § 1915(e). ... I agree with Judge Hixon's Report and Recommendation and adopt it in every respect. This case is DISMISSED with prejudice for failure to state a claim.”
“The Court has reviewed Judge Thomas S. Hixson's Report and Recommendation Re: Dismissal of the Complaint, and notes there are no objections to the Report. The Court adopts the Report in every respect. Accordingly, the complaint is dismissed without prejudice for failure to prosecute.”
“Magistrate Judge Thomas S. Hixson issued a report and recommendation on March 11, 2021, requesting reassignment to a district judge and recommending that the motion be granted and damages and attorney's fees be awarded. ... I ADOPT IN PART Judge Hixon's report and recommendation with respect to the entry of default judgment and its award of damages. ... Fooksman's motion for default judgment is GRANTED on the breach of contract claim and Fooksman is awarded $3,187,028 in damages. ... I will, however, depart from the recommended award of attorney's fees.”
“Plaintiffs’ motion to compel is therefore DENIED.”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 1.”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 2 with respect to the Newman Email (Saber’s Tr. Ex. A).”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 3.”
“The Court therefore DENIES Floyd’s Motion in Limine No. 4 without prejudice to Floyd renewing this objection as to a specific piece of evidence or witness at trial.”
“Accordingly, the Court GRANTS Floyd’s Motion in Limine No. 5 with the caveat that Saber may introduce evidence that Floyd had other gym memberships that were terminated as it relates to Floyd’s claim for damages.”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 6 to exclude the Jax Three Notes (Saber’s Tr. Ex. C).”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 7.”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 8 with the guidance expressed above.”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 9.”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 10.”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 11 to exclude the Boucher Email (Saber’s Tr. Ex. A).”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 12 to exclude the Saber Account Notes (Saber’s Tr. Ex. B).”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 13.”
“Accordingly, the Court DENIES Floyd’s Motion in Limine No. 14.”
“For the reasons stated above, the Court GRANTS IN PART and DENIES IN PART BART’s motion for sanctions as follows:”
“The Court DENIES BART’s motion to change deadlines as to BART only.”
“For the reasons stated above, the Court DENIES Plaintiff’s motion, GRANTS Defendant’s cross-motion, and remands this matter for further proceedings consistent with this order.”
“For the reasons stated above, the Court DENIES Defendant’s motion to transfer venue.”
“For the reasons stated above, the Court DENIES Defendant’s motion to dismiss.”
“For the reasons stated above, the Court DENIES Defendants’ Motion to Dismiss.”
“For the reasons stated above, the Court DENIES Nexo’s Motion to Dismiss.”
“For the reasons stated above, the Court DENIES Defendants’ Motion to Dismiss.”
Caseload & timing
From public federal docket records for this judge.
The sampled civil cases were assigned to Hixson by the parties' consent and both ended through voluntary dismissal. The durations measure filing to termination, not motion-to-ruling time.
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