Stephan Pierre Mickle
How Judge Mickle decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On copyright of compilations he follows Feist precisely: factual selections (here a professor's film-study and practice questions) can be original enough to protect, but the protection is thin and does not reach the underlying facts -- so a thin-copyright plaintiff rarely wins on summary judgment and fair use usually goes to the jury. Decision-grade for content-copying disputes: frame the claim around original selection/arrangement, and expect fair use to survive to trial.
“Copyright protection extends only to the selection and arrangement, not to the underlying facts themselves, and “[t]his inevitably means that the copyright in a factual compilation is thin.” Feist. 499 U.S. at 349.”
Enforces the asymmetric summary-judgment burden: a movant who also bears the burden of proof at trial (e.g. a plaintiff moving on its own claim) must show no reasonable jury could find for the opponent even drawing all inferences against the movant -- a much higher bar than a defendant's MSJ. A plaintiff who has merely raised a triable pretext issue has NOT earned judgment as a matter of law.
“To show that she is entitled to summary judgment, Forward must show that no reasonable jury could find in favor of RTI, even when all justifiable inferences and reasonable doubts about the facts are drawn in favor of RTI.”
On an affidavit opposing summary judgment, belief is not evidence: a plaintiff's statement that 'to the best of his knowledge he believes' a fact does not create a genuine issue, and naming the wrong defendant is fatal regardless of the merits. Come forward with competent proof of the correct party, not surmise.
“This affidavit is not sufficient to discharge Plaintiff's burden because Plaintiff is still uncertain about the identity of his employer and presents no competent evidence on the issue.”
Procedural preferences
Works overwhelmingly through magistrate-judge Reports & Recommendations: he reviews objected portions de novo and adopts the R&R, and most of his sampled dispositive dispositions (prisoner 1983 / habeas / Social Security / employment) issue as adoption orders. Strict on PLRA exhaustion -- a prisoner must complete the Florida DOC three-step grievance process, and excuses like missing forms do not excuse the failure where belated filing for good cause was available.
“none of Plaintiff's excuses for failing to exhaust his administrative remedies can overcome his statutory obligation to do so in order to pursue his case in court.”
Will not let a litigant escape an adverse recommendation by bailing out: a voluntary-dismissal motion filed after the magistrate judge issues an adverse R&R is granted only as to the claims the R&R did NOT reach; the adversely-recommended claims still go to judgment. Move to dismiss BEFORE an adverse recommendation, not after.
“Plaintiff's motions for voluntary dismissal, which were filed after the report and recommendation was issued, will be granted as to the remaining claims only. See Davis v. Huskipower Outdoor Equip. Corp., 936 F.2d 193, 199 (5th Cir. 1991) (voluntary dismissal is properly denied when sought after magistrate judge issues adverse recommendation).”
Cautions
A voluntary dismissal to forum-shop into state court can cost the plaintiff the claim: where a pro se plaintiff moved to dismiss so he could refile in state circuit court, Mickle granted the motion but dismissed WITH prejudice, pointing him to simply file in the county court instead. Do not treat a federal voluntary dismissal as a free pass to start over elsewhere.
“Plaintiff's motion to voluntarily dismiss this case (doc. 12) is hereby granted. This case is dismissed with prejudice.”
Sets a high bar for 28 U.S.C. 1927 sanctions: vexatious multiplication of proceedings must be conduct 'so egregious that it is tantamount to bad faith,' assessed objectively. Opposing counsel's failure to volunteer helpful information (here, the correct employer's identity) does not qualify. A fee motion grounded in ordinary non-cooperation will fail.
“The conduct of Paris's counsel in failing to reveal the identity of the employer does not rise to the level of bad faith as required by the statute and by case law.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Summary judgment N = 8 |
Granted: 5Granted in part: 1Denied: 2 | counts only |
| Motions to dismiss N = 4 |
Granted: 3Denied: 1 | counts only |
| Motion for voluntary dismissal N = 2 |
Granted: 2 | counts only |
| Motions to remand N = 1 |
Granted: 1 | counts only |
| Motion for attorney fees N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Faulkner Press's motion for partial summary judgment (doc. 162) is denied.”
“Class Notes' and Thomas G. Bean's motion for partial summary judgment (doc. 160) is granted as to Counts Five, Six, Seven, and the part of Count Three that alleges infringement of the sound recordings.”
“Plaintiff's Motion for Partial Summary Judgment (doc. 16) is denied.”
“Defendant Engram's motion for summary judgment (doc. 95) is treated as a motion to dismiss and granted. Plaintiff's claims against Defendant Engram are dismissed for failure to exhaust administrative remedies.”
“The motion for summary judgment (doc. 111) filed by Defendants Salvador and Solorzano-Pallais is granted. The clerk shall enter judgment for Defendants Salvador and Solorzano-Pallais on all claims.”
“The Motion to Dismiss (doc. 51) is granted, and Plaintiff's Amended Complaint is dismissed for failure to exhaust administrative remedies pursuant to 42 U.S.C. 1997(e).”
“Defendants' motion to dismiss (doc. 30) is granted. This case is dismissed without prejudice for Plaintiff's abuse of the judicial process and 28 U.S.C. 1915A.”
“Based on the facts presented, a reasonable jury could not find for the Plaintiff because it is clear that Defendant is not the proper party in this suit and Plaintiff has not come forward with sufficient evidence of a genuine issue on this matter.”
“The conduct of Paris's counsel in failing to reveal the identity of the employer does not rise to the level of bad faith as required by the statute and by case law.”
“The motion for summary judgment filed by Defendants Hall, Wellhausen, and Coffey (doc. 102) is granted. Defendants Hall, Wellhausen, and Coffey are dismissed from this case.”
“Plaintiff's motions for voluntary dismissal (docs. 166, 169, and 173) are granted as to the remaining claims. ... the clerk shall ... dismiss all remaining claims without prejudice.”
“Defendants' motion for summary judgment (doc. 22) is granted. The clerk shall enter judgment in Defendants' favor and close this case.”
“Defendant's motion for summary judgment (doc. 13) is granted. The Clerk shall enter judgment in Plaintiff's favor in the total amount of $17,352.44.”
“Defendant's Motion to Dismiss Conviction on Count Two (doc. 53) is DENIED.”
“The Defendant's motion for remand (doc. 13) is granted. The Commissioner's decision to deny benefits is reversed. This case is remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. 405(g).”
“Plaintiff's motion to voluntarily dismiss this case (doc. 12) is hereby granted. This case is dismissed with prejudice.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 262.5 days (N = 20).
2006 filing-window cohort (20 terminated civil cases) shows a classic N.D. Fla. district docket: heavy prisoner litigation -- state habeas (28:2254), motions to vacate sentence (28:2255), and prisoner 1983 civil rights -- alongside employment discrimination (Title VII jobs, removed from state court), ERISA, FTCA, an IDEA / disabled-child case, and diversity personal-injury and insurance removals. Referral magistrates surfaced: William C. Sherrill, Jr., Allan Kornblum, G. Miles Davis, Elizabeth M. Timothy, and (on an older 1996 docket) Susan M. Novotny.