Philip Andrew Brimmer
How Judge Brimmer rules, drawn from 31 signed orders. Every observation links to the order it came from.
How Judge Brimmer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In immigration habeas cases involving a noncitizen who lived in the country before being re-detained, Brimmer applies the bond-hearing statute and orders a prompt hearing when none has occurred.
“Because there is no evidence that petitioner has been provided a bond hearing, his current detention violates § 1226(a).”
Procedural preferences
Before entering default judgment on a newly asserted claim, Brimmer requires proof that the operative pleading was served on the defaulting party under Rule 4.
“Because the second amended complaint states a claim for relief against Mr. Rey, and the first amended complaint did not, Mr. Rey must be served with the second amended complaint before default judgment is appropriate.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiffs' Motion for Summary Judgment [Docket No. 106] is granted in part and denied in part.... The motion is granted as to Claims Five and Six, pled in the alternative, with respect to liability. ... The motion is denied as to Claims One, Three, Four, and Seven.”
“ORDERED that plaintiff's Motion for Additional Time to Respond to Motion for Summary Judgment [Docket No. 31] is DENIED.”
“ORDERED that Defendant, Partner Colorado Credit Union's Motion to Dismiss Plaintiff's Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) [Docket No. 22] is GRANTED.”
“ORDERED that the Motion for Leave to Amend Complaint [Docket No. 26] is DENIED.”
“ORDERED that the Motion to Dismiss [Docket No. 10] is GRANTED for lack of venue.”
“ORDERED that the Motion to Strike Portions of Defendant's Reply and for a Surreply [Docket No. 14] is DENIED as moot.”
“the Renewed Motion to Dismiss Complaint Against Constitution State Services, LLC [Docket No. 8] is GRANTED”
“Federal Defendants' Motion to Dismiss [Docket No. 26] is GRANTED”
“construed as a Motion to Strike, is GRANTED”
“Defendants' Motion to Dismiss First Amended Complaint [Docket No. 52] is GRANTED in part”
“Plaintiffs' Motion Pursuant to Fed. R. Civ. P. 6(b)(1)(B) to Extend Deadlines ... is GRANTED”
“Defendants Konstantin Gladyshev and Pavel Sokolov's Motion to Strike Plaintiffs' Response Brief Due to Untimely Filing [Docket No. 98] is DENIED”
“plaintiff's Motion for Remand [Docket No. 19] is DENIED”
“Plaintiff's Motion to Stay Briefing on Defendant's Motion to Compel Arbitration ... [Docket No. 29] is DENIED”
“Defendant's Motion to Stay Briefing on Plaintiff's Motion for Conditional Certification [Docket No. 31] is DENIED”
“Defendant's Corrected Motion to Exclude Opinions of Jeremy Sitcoff [Docket No. 69] is GRANTED in part and DENIED in part”
“the Motion for Preliminary Injunction [Docket No. 2] is DENIED”
Caseload & timing
From public federal docket records for this judge.
Small, non-representative sample of terminated cases. The 33-day Tomiampos insurance case is the kind of fast administrative termination (likely remand/settlement) that contrasts with the multi-year contested matters; not a distribution.
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