Oliver Gasch
Judge Gasch no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gasch decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He demanded a reasoned agency response tied to the governing statute and the scientific record before accepting regulatory inaction.
“The agency has been blind to the source of its delegated power and has failed to take a hard look at the results of the study and their relevance to the Horse Protection Act.”
He treated mandamus as unavailable without a plainly defined, nondiscretionary obligation.
“the duty must be clear and indisputable.”
Cautions
He applied Rule 11’s reasonable-inquiry obligation despite counsel’s claim that improper removal was a good-faith mistake.
“However, since Rule 11 imposes affirmative obligations upon the defendants, the fact that the case was removed in good faith will not protect them from sanctions.”
He required the government to justify prolonged agency delay before resisting a fee award to the prevailing party.
“Defendants concede that plaintiff was a prevailing party and have failed to show that the agency’s nearly two-year delay was substantially justified.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“In view of the foregoing, defendant’s motions to dismiss and to suppress are denied.”
“Finally, with respect to the defendant’s motion for production, where these requests have not been rendered moot by production of the material sought and the intervening hearing, the Court finds they are without merit and, accordingly, this motion will be denied.”
“Ordered that defendants’ motion to dismiss the third-party complaint be and the same is hereby granted;”
“Ordered that the Equal Employment Opportunity Commission’s motion to intervene be and the same is hereby denied ;”
“ORDERED that Plaintiff’s Motion to Remand and for Sanctions be, and hereby is, granted;”
“ORDERED that Defendants’ Motion for a More Definite Statement be, and hereby is, denied as moot;”
“ORDERED that plaintiff’s motion be, and hereby is, denied;”
“ORDERED that defendant’s motion to dismiss be, and hereby is, granted;”
“Thus, plaintiffs’ motion to compel HHS to accept applications for all suitable properties is granted. The request to bar DOD from transferring the Naval Reserve Center in Huntsville, Alabama is denied because DOD has stated why the property cannot be declared excess.”
“For the reasons stated below, the Court grants the motion only as to the TILA claim.”
“ORDERED that defendants’ motion to dismiss be, and hereby is, denied;”
“ORDERED that defendant Panama Canal Company’s motion to dismiss be, and it hereby is, granted.”
“service being accomplished by the Marshal of the Eastern District of New York, should be quashed and the motion to dismiss as to Rheingold granted.”
“Ordered that the defendant’s motion to dismiss be granted except insofar as has already been ordered in regard to the maintenance of a current index.”
“Ordered that summary judgment be, and the same hereby is, entered for all defendants.”
“In summary, then, plaintiffs’ suit must be dismissed pursuant to FRCP 12(b)(6) because:”
A historical record
Judge Gasch 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.