Richard A. Lazzara
How Judge Lazzara rules, drawn from 18 signed orders. Every observation links to the order it came from.
How Judge Lazzara decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
The court will say openly when it believes it got a question of state law wrong, and will correct the ruling rather than leave it standing.
“the Court acknowledges that it misapprehended its obligation under Erie Railroad Co. v. Tompkins ... to divine the law of Florida as it exists today”
A party seeking to enforce a restrictive covenant must identify specifically what makes its information unique or proprietary; a general assertion of confidentiality will not carry the burden.
“Generic allegations do not establish a legitimate business interest”
Cautions
Rulings that let a case proceed past the pleadings are not immune from interlocutory review. In one sampled case the court largely refused dismissal, the court of appeals reversed, and the case was then dismissed with judgment entered for the defendants.
“OPINION/ORDER of USCA. REVERSED AND REMANDED as to 50 Notice of interlocutory appeal filed by Faneuil, Inc., 46 Notice of interlocutory appeal filed by Denise Garcia, Stephanie C. Kopelousos,”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, for the reasons expressed, it is ordered and adjudged as follows: 1) The Report and Recommendation of Magistrate Judge Thomas B. McCoun, III (Dkt.301), is confirmed and approved in all respects and made a part of this order for all purposes, except as may be noted otherwise in this order. 2) The Plaintiffs' Motion to Certify Class (Dkt.37), as supplemented (Dkt.187), is denied. 3) This case shall proceed on the claims of each individual Plaintiff. 4) Judge McCoun is requested to convene a status conference to consider the issues of disclosure of additional experts and their reports, the filing of motions addressed to the experts, the filing of dispositive motions, ruling on discovery motions deferred pending this Court's order on class certification, and any other matter he deems appropriate.”
“1. Plaintiffs Motion for Class Certification (Dkt.89) is GRANTED.”
“3. The IMSG Defendants' Motion to Establish Class Period CuG-Off (Dkt.98) is denied without prejudice to refiling after further development of facts pertinent to the class period.”
“1. Defendant's Motion to Limit Scope of Review and Discovery (Dkt.13) is DENIED.”
“2. Defendant's Motion for Protective Order (Dkt.13) is DENIED.”
“It is therefore ORDERED AND ADJUDGED that Defendant's Motion to Compel Arbitration (Dkt. 10) is GRANTED. All proceedings in this case are stayed, and the Clerk is directed to administratively close this case pending the parties' completion of the arbitration process. The parties' shall report the outcome of the arbitration process to the Court within 10 days of its completion.”
“ACCORDINGLY, for the reasons expressed, it is ORDERED AND ADJUDGED as follows: 1) The Court's order of May 1, 2007, dismissing Plaintiffs' third amended complaint is modified to reflect that such dismissal is with prejudice as to all Plaintiffs without leave to file an amended complaint in their individual capacities in separate cases. 2) Plaintiffs' Motion for Rehearing and Leave to File Fourth Amended Complaint (Dkts. 59 & 60) are denied.”
“Defendant's Motion to Stay Action Pending Completion of Neutral Evaluation Process (Dkt. 6) is granted.”
“1. Defendant's Motion to Dismiss the Complaint to Revoke Naturalization (Dkt. 16) is denied. 2. The Government's Motion for Summary Judgment (Dkt. 15) is granted.”
“ACCORDINGLY, for the reasons expressed, it is ORDERED AND ADJUDGED that Defendant's Motion for Reconsideration and Request for Leave to Submit Supplemental Briefings (Dkt. 94) is denied.”
“It is therefore ORDERED AND ADJUDGED that Admiral Insurance Company's Motion for Summary Judgment (Dkt. 30) is GRANTED and Meridian Construction and Development, LLC's Motion for Summary Judgment (Dkt. 35) is DENIED. The Clerk is directed to enter judgment for Defendant and against Plaintiff and to close this case.”
“It is therefore ORDERED AND ADJUDGED that Max Specialty Insurance Company's Amended Motion for Summary Judgment as to Eye in the Sky Pictures, Inc. (Dkt. 84) is GRANTED.”
“Defendant Travelers Casualty and Surety Company of America's Motion for Summary Judgment (Dkt. 65) is GRANTED. Plaintiff Culbreath Isles Property Owners Association, Inc.'s Motion for Summary Judgment (Dkt. 61), Plaintiff Florida Policyholders, LLC's Motion for Summary Judgment (Dkt. 63) and Plaintiff Orline M. Sidman's Motion for Summary Judgment are DENIED.”
“1. Claimant Grupo Arosfran Empreendimentos E Participacoes Sari's Motion to Dissolve Writ of Garnishment (Dkt. 1030) is GRANTED.”
“2. Claimant Golffate -Holdings (Angola) LDA's Motion to Dissolve Writ of Garnishment (Dkt. 1052) is GRANTED.”
“19. Plaintiffs'. Motions for TRIA Turnover Judgments (Dkts. 983, 984, 991, 992, and 993) are all DENIED AS MOOT inasmuch as they relate to Writs that, have now been dissolved due to the Court's lack of subject matter jurisdiction.”
“20. Claimants Kassim Tajideen, Grupo Arosffan Empreendimentos E Participacoes SARL, and Ovias Trading, S.A.'s Motion to Dissolve Writs of Garnishment (Dkt. 961) ... is DENIED AS MOOT”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 104.0 days (N = 2).
Median motion-to-ruling time: 1 days (N = 35).
The sampled six-week window produced forty-two civil assignments, a mix of insurance, consumer finance, employment, and civil rights matters typical of a Tampa docket.
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