Virginia M. Hernandez Covington
How Judge Covington rules, drawn from 21 signed orders. Every observation links to the order it came from.
How Judge Covington decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the reviewed employment decision, she entered summary judgment where documented misconduct supported the employer’s stated reason and the plaintiff lacked a valid comparator or evidence of pretext.
“An employer who fires an employee under the mistaken but honest impression that the employee violated a work rule is not liable for discriminatory conduct.”
In Douglas, investigative choices about citizenship verification fell within the federal discretionary-function exception, while the separately recognized malicious-prosecution claim remained outside that exception.
“Operating with limited resources, ICE must weigh various policy considerations in deciding which suspected aliens to detain, how to detain them, and how to investigate claims of citizenship by detained aliens.”
In the Davis bankruptcy appeal, she distinguished disallowance of a claim against the estate from discharge of the underlying domestic-support debt and reversed the injunction against state enforcement.
“Rather, this Court holds that the State should not have been enjoined from presenting the issue of Mr. Davis’s possible child-support obligations in the State court, even after the Bankruptcy Court entered its order confirming Mr. Davis’s Chapter 11 Plan.”
In Harrell's, she treated a contract's binding impasse determination as arbitration despite its mediation label, then applied the clause to all claims grounded in the parties' operational deadlock.
“if an agreement specifies in detail a dispute resolution procedure which it calls ‘mediation’ (or anything else) but which is, in substance, FAA ‘arbitration,’ substance controls over title.”
Procedural preferences
On Rule 12(b)(6), she confined review to the pleadings and declined to resolve fact-dependent coverage questions before development of the evidentiary record.
“Upon due consideration, the Court needs more information to determine whether coverage exists. However, such review should come at the summary judgment stage, not the motion to dismiss stage.”
In Suomen Colorize, she transferred a patent case where the foreign plaintiff had no Florida connection and the accused technology, witnesses, and records were centered in Colorado.
“Because Suomen is not from the Middle District of Florida and the operative facts did not occur in the Middle District of Florida, the Court affords minimal deference to Suomen’s choice of forum in the Middle District of Florida.”
In Bechtelheimer, she allowed timely joinder of a connected nondiverse defendant and remanded rather than require parallel personal-injury suits in state and federal court.
“Last, this Court finds that multiple lawsuits dispersed between the state and federal court are not the most efficient use of judicial resources.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judge Porcelli's Report and Recommendation (Doc. # 76) is ADOPTED, CONFIRMED, and *1341 APPROVED in all respects and is made a part of this Order for all purposes, including appellate review. (2) Defendants' Motion for Summary-Judgment (Doc. # 44) is GRANTED.”
“Defendant's Motion for Summary Judgment (Doc. # 75) is GRANTED.”
“Defendant's Motion for Sanctions against Plaintiff for Failure to Attend Court Ordered Mediation (Doc. # 58) is DENIED.”
“Plaintiffs Motion to Strike Defendant's Motion for Sanctions (Doc. # 66) is DENIED.”
“Defendant Target National Bank's Motion to Dismiss Plaintiffs Verified Complaint (Doc. # 4) is DENIED.”
“Defendant Mid-Continent's Motion to Dismiss (Doc. # 7) is DENIED.”
“(1) Ideal Image Development Corporation’s Motion for Final Summary Judgment (Doc. # 163) is DENIED.”
“Randy and Cindy Hetrick’s Motion for Partial Summary Judgment as to the first element of their Florida Deceptive and Unfair Trade Practices Act claim (Doc. # 165) is DENIED. ... (4) Randy and Cindy Hetrick’s Motion for Partial Summary Judgment as to Ideal Image’s affirmative defense B is GRANTED.”
“Defendant U.S. Bank, National Association’s Motion for Summary Judgment as to Counts I, III, IV, V, VI, and VII Asserted by CFBP and as to Counts III, IV, and V of Defendant’s Counterclaim and Third-Party Claim (Doc. # 54) is DENIED.”
“Defendant OmniActive Health Technologies Private Limited’s Motion to Dismiss (Doc. # 115) is DENIED.”
“(1) Defendant HCFs motion for summary-judgment (Doc. # 103) is GRANTED.”
“(2) Plaintiff ACC’s motion for summary judgment (Doc. # 105) is DENIED.”
“(3) Plaintiff ACC’s motion to strike, in whole or in part, the affidavit of Philip J. Spengler, II, Esq. filed in support of HCFs motion for summary judgment (Doc. # 117) is DENIED AS MOOT.”
“(1)Breathe Easy Pulmonary Services, Ine.’s and Premier Cardio Pulmonary Medical, Inc.’s Motion for Summary Judgment (Doc. # 201) is DENIED.”
“(2) Lincare’s Motion for Summary Judgment (Doc. # 199) is GRANTED.”
“Plaintiff's Motion to Dismiss Counterclaim (Doc. # 17) is GRANTED as to Counts I and IV and DENIED in all other respects.”
“Defendant STME, LLC's Motion to Dismiss Plaintiff Kimberly Lowe's First Amended Complaint (Doc. # 22) is GRANTED IN PART AND DENIED IN PART .”
“(1) Defendants RS Compounding LLC and Renier Gobea's Motion to Dismiss Relator's Second Amended Complaint (Doc. # 97) is GRANTED .”
“(2) Defendant Stephen Caddick's Motion to Dismiss Relator's Second Amended Complaint (Doc. # 93) is GRANTED .”
Caseload & timing
From public federal docket records for this judge.
- The reviewed 2019-2021 Tampa civil cases include False Claims Act matters, wage-and-hour and family-leave disputes, disability-access suits, consumer claims, contracts, and removed insurance-coverage cases.
- Many ended within months through settlement or voluntary dismissal, while False Claims Act matters often remained under seal before settlement or dismissal after the United States declined to intervene.
- As a result, relatively few reached a contested dispositive ruling.
- The description reflects the reviewed cases rather than a caseload-wide rate.
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