Thomas J. Whelan

How Judge Whelan rules, drawn from 19 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Southern District of California
Position
District judge
Status
Senior status
Appointed by
Bill Clinton (Democratic)
Commissioned
October 22, 1998
Education
San Diego College for Men (now University of San Diego), B.A. (1961); University of San Diego School of Law, J.D. (1965)
Signed orders read
19

About Judge Whelan

Thomas J. Whelan is a judge of the United States District Court for the Southern District of California. Appointed by President William J. Clinton, Judge Whelan received a commission on October 22, 1998. Judge Whelan assumed senior status on August 15, 2010.

Judge Whelan's practices and standing orders

Rules for cases before Judge Whelan, 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

Filing

Deliver courtesy copies of filings over 20 pages directly to chambers.

“Courtesy copies of filings exceeding twenty (20) pages shall be delivered directly to chambers.”

Motions

For a motion hearing, choose a Monday 28 to 45 days after the motion is filed.

“Before filing a motion, Counsel or the filing party shall select the hearing date by choosing a Monday that is between 28 days and 45 days from the motion’s actual filing date.”

Motions

File a statement of nonopposition at least 14 days before the hearing if a party will not oppose the motion.

“A party that determines that it will not oppose a given motion shall file a statement of non-opposition no later than 14 days before the hearing date.”

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 Whelan decides

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

What persuades

In a mural-destruction case, Whelan allowed the artists’ federal visual-artists-rights claim to proceed without requiring a specific allegation of how the removal injured their honor or reputation.

“Neither formulation requires a plaintiff to specify how the destruction of the ‘work of visual art’ was prejudicial.”

Procedural preferences

In Johnston and Dickins v. Irontown Housing, he denied the defendants' motion to dismiss, the plaintiffs' motion for judgment on the pleadings, and the plaintiffs' ex parte application.

“the Court DENIES Defendants' motion to dismiss [Doc. 4], Plaintiffs' motion for judgment on the pleadings [Doc. 5], and Plaintiffs' ex parte application [Doc. 18].”

Cautions

In Titus v. City of La Mesa, he denied the defendants' motion to dismiss but struck the punitive damages request against the city.

“the Court DENIES Defendant's motion to dismiss [Doc. 3], but ORDERS the request for punitive damages against Defendant City of La Mesa STRUCK from the Complaint.”

In Moses v. GMAC Mortgage, he dismissed the TILA damages and fraud claims without leave to amend, while allowing amendment of the quiet title claim.

“the Court GRANTS IN-PART and DENIES IN-PART GMACM's Motion (Doc. 20) and ORDERS as follows: 1. The TILA-damage claims are DISMISSED without leave to amend. 2. The fraud-based claims (causes of action 8 and 9) are DISMISSED without leave to amend. 3. The claim to quiet title is DISMISSED with leave to amend.”

In Reyes v. Bulwark Construction, he granted the defendant's motion to dismiss all claims with prejudice.

“Accordingly, the Court GRANTS Defendant Bulwark Construction’s motion to dismiss all claims WITH PREJUDICE. (Mtn. to Dismiss [Doc. 4].)”

He expects counsel to reproduce judicial language exactly; in Estate of Brandon Yates he cautioned the county after its brief attributed wording to a cited decision that the decision did not contain.

“the County is cautioned that quotations should be exact replications of the court’s language.”

Signed rulings

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

Johnston and Dickins v. Irontown Housing Company, Inc.
3:13-cv-00523-W-BLM · 2013-07-17
Motions to dismiss (defendant) Denied

“the Court DENIES Defendants' motion to dismiss [Doc. 4], Plaintiffs' motion for judgment on the pleadings [Doc. 5], and Plaintiffs' ex parte application [Doc. 18].”

Judgment on the pleadings (plaintiff) Moot / procedural

“the Court finds an exception to Rule 12(c) is not warranted. Accordingly, the Court finds Plaintiffs' motion is premature.”

Titus v. City of La Mesa
3:13-cv-01909-W-KSC · 2014-05-13
Motions to dismiss (defendant) Denied

“the Court DENIES Defendant's motion to dismiss [Doc. 3], but ORDERS the request for punitive damages against Defendant City of La Mesa STRUCK from the Complaint.”

Moses v. GMAC Mortgage, LLC
3:09-cv-01961-W-BLM · 2010-07-14
Motions to dismiss (defendant) Granted in part

“the Court GRANTS IN-PART and DENIES IN-PART GMACM's Motion (Doc. 20) and ORDERS as follows: 1. The TILA-damage claims are DISMISSED without leave to amend. 2. The fraud-based claims (causes of action 8 and 9) are DISMISSED without leave to amend. 3. The claim to quiet title is DISMISSED with leave to amend.”

Motions to strike (defendant) Granted in part

“4. The requests for monetary damages under TILA, and Business & Professions Code Sec. 17200 are STRUCK. 5. The request for punitive damages is STRUCK. 6. The prayer for a preliminary injunction is STRUCK. ... GMACM's request to strike the request for rescission and attorney's fees is denied.”

Pates v. Quality Loan Service Company
3:10-cv-00296-W-NLS · 2010-05-28
Motion for reconsideration (plaintiff) Denied

“In light of the foregoing, Plaintiffs' motion to reconsider is DENIED.”

Bennett v. Navy Federal Credit Union
Summary judgment (defendant) Granted

“the Court GRANTS the motion [Doc. 44].”

Rose v. Selene Finance, LP
Motions to dismiss (defendant) Granted in part

“GRANTS IN PART and DENIES IN PART Selene's motion to”

Motions to dismiss (defendant) Granted

“GRANTS Trustee Corp.'s motion to dismiss”

Lee v. United States Department of the Navy
Motions to dismiss (defendant) Granted

“the Court GRANTS the Motion [Doc. 6] without leave”

Reel v. City of El Centro
Motions to dismiss (defendant) Granted in part

“the first cause of action WITHOUT LEAVE TO AMEND and DENIES”

The Estate of Valeria Tachiquin Alvarado v. Tackett
Summary judgment (defendant) Granted in part

“Specifically, it is GRANTED as to claims one”

Summary judgment (defendant) Granted in part

“The United States' motion is GRANTED IN PART AND DENIED IN PART.”

Ton v. New York Life Insurance Company
3:23-cv-02200-W-AHG · 2026-03-05
Motion to vacate (plaintiff) Moot / procedural

“Plaintiff’s pending motions [Doc. 24, 25, 26] are denied without prejudice to her raising them in an appropriate court”

Motion to withdraw or substitute counsel (plaintiff) Moot / procedural
Motion for leave to amend (plaintiff) Moot / procedural
Bach v. County of San Diego
3:24-cv-01687-W-BJW · 2026-01-14
Motions to dismiss (third-party defendant) Granted in part

“For the reasons stated above, the Court GRANTS IN PART and DENIES IN PART Correctional Healthcare’s motion to dismiss [Doc. 43]. To the extent the TPC seeks indemnity and contribution for liability under Plaintiff’s section 1983 causes of action, such claims are barred. The motion is denied as to liability under the Bane Act.”

Diaz Hernandez v. United States
3:25-cr-00966-W / 3:25-cv-02221-W · 2026-02-05
Motion to vacate sentence under 2255 (petitioner) Denied

“For the foregoing reasons, the Court DENIES the Petition [Doc. 36].”

Motion for status (petitioner) Moot / procedural

“The Clerk of the Court shall close the district court file and TERMINATE the motion for a status [Doc. 40].”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 103.5 days (N = 10).

Median motion-to-ruling time: 84 days (N = 1).

Judge Whelan's post-senior-status docket includes a high-volume, fast-settling group of ADA Title III accessibility cases and FCRA or FDCPA consumer-finance suits. His earlier active-era merits docket also included mortgage and TILA disputes, Section 1983 civil-rights actions, and consumer-construction cases. This describes caseload composition, not motion outcomes.

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 years3
ReportMotions over six monthsCases over three years
Mar 202603
Sep 202504
Mar 202504
Sep 202403
Mar 202403
Sep 202301
Mar 202301
Sep 202200
Mar 202202
Sep 202112
Mar 202113
Sep 202002

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 Whelan: 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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