Daniel E. Butcher

How Judge Butcher rules, drawn from 20 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Southern District of California
Position
Magistrate judge
Commissioned
May 26, 2020
Education
University of California, San Diego, B.A. 1985; Cornell Law School, J.D. 1989
Signed orders read
20

About Judge Butcher

Daniel E. Butcher was appointed a United States Magistrate Judge for the Southern District of California on May 26, 2020. He has participated in judicial education events with the San Diego legal community.

Judge Butcher's practices and standing orders

Rules for cases before Judge Butcher, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Discovery

File a joint discovery plan at least seven days before the ENE and case management conference.

“At least seven (7) days prior to the scheduled ENE/CMC, the parties must file a Joint Discovery Plan on CM/ECF.”

Conferences

Lodge each confidential ENE statement by email at least seven calendar days before the ENE.

“No later than seven (7) calendar days before the ENE, each party must lodge a ‘Confidential ENE Statement’ by email to efile_butcher@casd.”

Conferences

Lodge a confidential settlement statement at least seven days before a settlement conference.

“Each party must lodge a Confidential Settlement Statement at least seven (7) days before the settlement conference by email to efile_butcher@casd.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Butcher decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

Procedural preferences

On a partial Rule 12(b)(6) motion he recommends granting in part, dismissing state-law tort claims without leave where the plaintiff failed to comply with the California Government Claims Act and the limitations period lapsed, while denying as moot other portions.

“The R&R advises the Court to grant Defendants' motion to dismiss Plaintiff's state law claims ... and deny as moot Defendant's motion to dismiss the official capacity claims. ... the Court OVERRULES Plaintiff's Objections ... ADOPTS the R&R in its entirety ... and GRANTS IN PART AND DENIES IN PART Defendants' partial motion to dismiss”

In one subpoena dispute, Judge Butcher required counsel to meet and confer by video before seeking court intervention and denied the existing motion without prejudice so a compliant joint discovery statement could replace it.

“Under no circumstances may counsel satisfy the ‘meet and confer’ obligation by written correspondence alone.”

In approving one minor's compromise, Judge Butcher independently reviewed the net recovery, costs, annuity, and fee request, and accepted a contingency fee above the usual benchmark after considering the complexity and work performed.

“The Court finds counsel expended significant time and resources to obtain a favorable result for Plaintiff E.C.”

A change of counsel does not by itself justify reopening discovery; in Cuebiq, he required the party to show diligence during the existing discovery period and held new counsel to prior representations that substitution would not delay the schedule.

“Substitution of counsel, however, does not establish good cause to extend existing deadlines.”

Cautions

Butcher recommends dismissing a 28 U.S.C. 2254 petition as time-barred under AEDPA where the limitations period expired and there is no statutory or equitable tolling and no new evidence to invoke the Schlup actual-innocence gateway.

“Based on the foregoing, the undersigned recommends GRANTING Respondent's Motion to Dismiss. Dkt. No. 11.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Hamilton v. California Department of Corrections and Rehabilitation
3:19-cv-01949-AJB-DEB · 2021-06-29
Motions to dismiss (defendant) Granted in part

“The R&R advises the Court to grant Defendants' motion to dismiss Plaintiff's state law claims ... and deny as moot Defendant's motion to dismiss the official capacity claims. ... the Court OVERRULES Plaintiff's Objections ... ADOPTS the R&R in its entirety ... and GRANTS IN PART AND DENIES IN PART Defendants' partial motion to dismiss”

Love v. Madden
3:20-cv-00447-JLS-DEB · 2021-03-04
Habeas petition (petitioner) Denied

“Magistrate Judge Daniel E. Butcher's Report and Recommendation (‘R&R,’ ECF No. 12) advising the Court to deny the Petition ... the Court ... ADOPTS the R&R's conclusions ... DENIES the Petition ... DENIES a Certificate of Appealability.”

Seau v. Pfeiffer
3:24-cv-00572-CAB-DEB · 2025-06-30
Motions to dismiss (defendant) Granted

“Based on the foregoing, the undersigned recommends GRANTING Respondent's Motion to Dismiss. Dkt. No. 11.”

United States v. Atta
3:21-cr-01289-LAB · 2024-03-15
Motion for new trial (defendant) Granted

“The Court finds trial counsel’s failure to consult a forensic pathologist was deficient and prejudicial and, therefore, recommends granting Atta’s Motion for a New Trial on this ground. The Court otherwise finds trial counsel’s performance met Strickland’s Sixth Amendment standards.”

Breunna R. v. Commissioner of Social Security
3:25-cv-00115
Social security appeal (claimant) Granted

“the Court GRANTS Plaintiff's Motion for Summary Judgment, REVERSES the Commissioner's decision pursuant to sentence four of 42 U.S.C. § 405(g), and REMANDS for the calculation and award of benefits.”

Renny C. v. Commissioner of Social Security
3:25-cv-01801

Order granting IFP and screening the complaint under 28 U.S.C. 1915(e)(2)(B); no party motion ruled on.

Salmen v. Terronez
3:23-cv-02054-JLS-DEB · 2024-07-31
Motions to dismiss (defendant) Granted

“The Court finds no clear error in the R&R. Accordingly, the Court ADOPTS the R&R and GRANTS Defendant’s Motion.”

Monolithic Power Systems, Inc. v. Xiaomi USA LLC
3:21-cv-01963-GPC-DEB · 2021-11-19
Motions to compel (plaintiffs) Moot / procedural

“Accordingly, the Court DENIES without prejudice Plaintiffs’ Motion to Compel. Dkt. No. 1.”

E.C. v. Lincoln Military Property Management LP
3:21-cv-02070-JES-BLM · 2023-08-08
Motion to approve minor compromise (plaintiffs) Granted

“For the reasons discussed above, the Court APPROVES the settlement agreement and GRANTS Plaintiffs’ Motion to confirm Plaintiff E.C.’s minor’s compromise. Dkt. No. 74.”

Valle v. Obler
3:23-cv-02128-WQH-DEB · 2026-07-09
Motions to dismiss (defendant) Denied

“IT IS HEREBY RECOMMENDED that the Court issue an Order as follows: (1) approving and adopting this Report and Recommendation; and (2) DENYING Defendant Obler’s Motion to Dismiss. Dkt. No. 33.”

Kominiak v. County of San Diego
3:25-cv-03113-LL-DEB · 2026-07-08
Motions to dismiss (defendant) Moot / procedural

“The undersigned, therefore, recommends denying Defendant’s Motion to Dismiss at Docket No. 3 as moot.”

Motions to dismiss (defendant) Granted

“the undersigned recommends GRANTING the County’s Motion (Dkt. No. 8) with leave for Plaintiff to amend his 42 U.S.C. § 1983 claim against the County and Sheriff Martinez.”

Cuebiq Group, LLC v. PaeDae, Inc.
3:25-cv-02255-JAH-DEB · 2026-06-30
Motion to withdraw as counsel (defense counsel) Granted

“For the foregoing reasons, the Fish Attorneys’ Motion to Withdraw is GRANTED. Dkt. No. 127.”

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202500
Mar 202500
Sep 202400
Mar 202400
Sep 202300
Mar 202300
Sep 202200
Mar 202200
Sep 202100
Mar 202100
Sep 202000

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Southern District of California, not for Judge Butcher: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed2,2045.3 months
Closed with no court action6423.3 months
Closed before pretrial1,0665.3 months
Closed during or after pretrial48410.4 months
Closed during trial1238.3 months
12 months endingCases closedMedian time
Sep 20252,2045.3 months
Sep 20242,1466.6 months
Sep 20232,1336 months
Sep 20221,9749 months
Sep 20212,3817.4 months
Sep 20201,8856 months
Sep 20192,2656.2 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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