Gladys Kessler
Judge Kessler no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Kessler decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She required adherence to controlling appellate law even while acknowledging practical concerns about the resulting jurisdictional rule.
“this Court does not write with a free hand, and must, of course, follow controlling case law from the Court of Appeals.”
She found that exacting enforcement of disclosure rules served the public interest when evaluating preliminary relief.
“effective enforcement of the federal securities laws promotes the public interest.”
Cautions
She expected counsel to develop factual disputes through discovery rather than trying to resolve them prematurely on the pleadings.
“Rather, counsel should be raising them after discovery in pretrial motions when the case, as a whole, has been fleshed out.”
She required False Claims Act pleadings to connect regulatory or contractual violations to the government's payment decision.
“Plaintiff has made no such allegation here.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons it is hereby ORDERED that the United States’ Motion to Dismiss [Dkt. No. 4] is granted, and this case is dismissed with prejudice.”
“For the foregoing reasons Defendants’ Motion to Dismiss [Dkt. No. 12] is granted and this case is dismissed with prejudice.”
“For the reasons set forth above, Defendant’s Motion to Dismiss Indictment is granted.”
“For the reasons set forth above, Defendant’s Motion to Dismiss Plaintiffs Amended Complaint under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) or, in the Alternative, for Summary Judgment under Rule 56 is granted.”
“For the foregoing reasons, Defendants’ Motion to Dismiss, or in the Alternative, for Summary Judgment is denied and Plaintiffs’ Motion for Partial Summary Judgment is denied.”
“For the reasons set forth above, the Motion to Dismiss the Amended Complaint of Defendant PAE is granted;”
“the Motion to Dismiss the Amended Complaint of Defendants NATI, CTSI, Chang D. Hwang, John G. Carothers, Heys S. Hwang, and James W. Ruest is granted.”
“For the foregoing reasons, Defendants’ Motion to Dismiss is granted.”
“For all the reasons stated herein, Sabre’s Motion to Dismiss Torres’ Counterclaims is granted in part and denied in part.”
“Plaintiff's Motion for Leave to File the Amended Complaint is granted in part and denied in part,”
“Defendants' Motion to Dismiss is denied as moot,”
“Defendants' Motion for Section 1927 Sanctions is denied.”
“For the foregoing reasons, Defendant's Motion to Dismiss is granted in part and denied in part,”
“Defendant's Motion for Summary Judgment is denied without prejudice”
“Motion for a Stay to Obtain Discovery is denied as moot.”
“Defendant's Motion to Dismiss shall be granted,”
“Intervenor-Defendants' Motion for Judgment on the Pleadings shall be denied as moot,”
“Plaintiffs' Motion to Reverse the Ruling in the Fair Hearing of Class Member Stevenson Denying Reimbursement of Person Care Aide Services [Dkt. No. 2007] is hereby denied.”
A historical record
Judge Kessler no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.