James S. Moody Jr.
How Judge Moody rules, drawn from 13 signed orders. Every observation links to the order it came from.
How Judge Moody decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court states plainly when the law leaves an injured plaintiff with no remedy at all, rather than obscuring the result. A party arguing preemption is more likely to prevail by showing where the claim falls outside the narrow space Congress left open than by arguing the outcome is fair.
“While Plaintiff can petition the FDA to enforce its regulations, in Florida, Plaintiff currently lacks a judicial remedy to compensate him for the injuries he has sustained.”
Arguments that binding appellate precedent was wrongly decided get a short answer. Counsel should distinguish controlling authority on its facts rather than ask this court to disagree with it.
“To the extent Defendant argues that the Eleventh Circuit's reasoning in Bishop was mistaken, stare decisis gives this Court no more power than to remind Defendant that it may take the matter up with them.”
Cautions
Sprawling pleadings draw an explicit warning. The court has put counsel on notice that future filings departing this far from the pleading rules will be dismissed or sent back for a repleader.
“But this Order shall serve as notice that this Court will no longer accept pleadings that deviate so drastically from the requirements of Rule 8, and will instead either dismiss the pleading upon proper motion or order a repleader.”
A right to arbitrate can be lost by litigating first. A defendant that waits until the case has been fought on the merits risks a holding that the demand came too late.
“It is clear Defendant waived its right to arbitration, if it even had the right to begin with.”
A party that fails to answer a motion should not expect to win by default, but neither will the court grant the motion simply because the response was inadequate; it works through the merits either way.
“But even though Rowe's counsel failed to provide the Court with a meaningful response, the Court cannot simply grant Mentor's motion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Defendant’s Motion for Summary Judgment (Dkt. # 24) is GRANTED in part and DENIED in part.”
“Defendant’s Motion for Final Summary Judgment (Dkt. # 17) is GRANTED IN PART and DENIED IN PART as stated herein.”
“Defendant HCA Holdings, Inc.’s Motion Requesting Judicial Notice and Incorporated Memorandum of Law (Dkt. # 34) is GRANTED.”
“Accordingly, HCA and the Defendant Hospitals’ motions to dismiss Count III of Plaintiffs’ Amended Complaint for failure to state a claim is granted.”
“The Court strikes Plaintiffs’ class allegations.”
“Defendants’ Motion to Dismiss First Amended Complaint (Doc. 10) is GRANTED.”
“Defendant Sarasota Doctors Hospital, Inc.’s Motion for Summary Judgment (Dkt. 64) is denied.”
“EmCare, Inc.’s Motion for Summary Judgment (Dkt. 66) is granted.”
“Plaintiffs Motion for Remand (Doc. 6) is DENIED.”
“Defendant’s Motion to Dismiss, or Alternatively, Motion to Strike (Doc. 3) is DENIED.”
“Plaintiffs Motion for Final Summary Judgment (Dkt. 23) is GRANTED.”
“Plaintiffs Motion for Summary Judgment on Defendant’s liability (Dkt. 32) is GRANTED.”
“Plaintiffs Motion for Class Certification and Appointment of Class Counsel (Dkt. 27) is DENIED.”
“Defendant Habitat for Humanity of Citrus County, Inc.’s Motion for Summary Judgment (Doc. 14) is GRANTED.”
“Plaintiff Albert Schaw’s Motion for Summary Judgment (Doc. 21) is DENIED.”
“All pending motions are denied as moot.”
“Defendant's Rule 12(b)(6) Motion to Dismiss Plaintiff's Complaint (Doc. 11) is GRANTED IN PART.”
“Plaintiff's Renewed Motion for Class Certification and Appointment of *1381Class Counsel (Dkt. 65) is GRANTED.”
“Defendant's Motion to Dismiss or Motion to Dismiss and Compel Arbitration (Dkt. 81) is DENIED.”
“Defendant's Motion to Compel Arbitration and Stay all Court Proceedings (Dkt. 9) is GRANTED.”
“All other pending motions are denied as moot.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 101.5 days (N = 20).
Median motion-to-ruling time: 34 days (N = 5).
The sampled two-week window produced twenty assignments spanning prisoner habeas and sentence challenges, consumer finance, employment and disability discrimination, trademark, civil rights, and a withdrawal-of-reference request from a bankruptcy proceeding — a mix typical of a Tampa docket, and one where a large share of the matters close quickly on threshold grounds.
Draft for Judge Moody with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Moody, and what has not, cited to the signed orders.
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