Kathryn Kimball Mizelle

Grants summary judgment to the plaintiffs on an Administrative Procedure Act challenge, declaring the challenged federal rule unlawful, vacating it, and remanding to the agency.

“ORDER granting summary judgment to Plaintiffs and against Defendants on Counts I, II, and III. The Mask Mandate is declared unlawful, vacated, and remanded to the CDC. The Court directs the Clerk to terminate President Biden as a defendant, enter judgment in favor of Plaintiffs, and close this case. Signed by Judge Kathryn Kimball Mizelle on 4/18/2022.”

Contractual incorporation of American Arbitration Association rules can delegate gateway arbitrability questions to the arbitrator. In Cartesian Products, that delegation supported compelling arbitration and staying the copyright and trade-secret action.

“The arbitration clauses’ incorporation of the AAA’s rules is clear and unmistakable evidence that Cartesian and Construct Software Technologies agreed to arbitrate the question of whether Cartesian’s claims are arbitrable.”

For Section 2254 jurisdiction, collateral consequences from an expired conviction are not enough. In Stabile, sex-offender registration did not place the petitioner in custody under the completed sentence, and the petition was also untimely.

“once the sentence imposed for a conviction has completely expired, the collateral consequences of that conviction are not themselves sufficient to render an individual ‘in custody’”

In an as-applied Second Amendment challenge, she required the government to identify a historical tradition supporting the restriction. She dismissed the federal-facility charge after the government conceded that it had no evidence of founding-era firearm prohibitions at post offices or for postal workers.

“The United States concedes that '[t]here is no evidence of firearms being prohibited at post offices, specifically, or of postal workers being prohibited from carrying them, at the time of the founding.'”

An unexplained delay in seeking preliminary relief can defeat a claim of imminent, irreparable harm. In Miller, the employer waited five months and relied on conclusory assertions rather than evidence of lost customers or misuse of trade secrets.

“GETS’s unexplained delay alone is sufficient to find that it does not face irreparable harm.”

At summary judgment, specific video and witness evidence can create a jury question even without direct proof of notice. In Eddings, the record permitted competing inferences about whether store employees created or should have discovered the slipping hazard.

“In sum, there is no smoking gun on actual notice. But there is also far more than ‘only a guess or a possibility.’”

A limitations defense at the pleading stage must be established by the complaint itself. In Toston, local claims were dismissed as untimely, but federal claims survived because the complaint did not show that administrative tolling had ended.

“it must be ‘apparent from the face of the complaint that the claim is time-barred.’”

In Brannon, she denied an initial stay request without prejudice when it omitted the required good-faith conferral certification, then granted a compliant renewed request only in part.

“the Court denies Defendant's 28 Motion to Stay and Set Status Conference without prejudice because it fails to comply with Local Rule 3.01(g)”