Barry S. Seltzer
Judge Seltzer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Seltzer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Where a claimant prevails on a sentence-four remand he recommends granting Equal Access to Justice Act fees at a cost-of-living-adjusted hourly rate.
“it is RECOMMENDED that the District Court GRANT Plaintiff's Petition for Attorney Fees (DE 23) and award fees of $1,922.84 to attorney Lilli W. Marder”
Procedural preferences
On Social Security appeals his R&Rs affirm the Commissioner on substantial-evidence review, recommending denial of the claimant's summary judgment and grant of the Commissioner's cross-motion.
“Defendant's Cross-Motion for Summary Judgment [DE 14] is hereby GRANTED; ... The decision of the Commissioner in this case is hereby AFFIRMED”
Cautions
On pro se Rule 12(b)(3)(B) motions to dismiss an indictment he checks the record against the claim (verifying the grand jury sat within its 18-month term; applying settled law that the wire-fraud statute reaches internet communications) and recommends denial.
“The Motion by Defendant Bernard Roemmele, Pro Se, Pursuant to Rule 12(b)(3)(B), to Dismiss Indictment -- Because the Indictment Was Returned After the Grand Jury's Term Expired [DE 772] is DENIED”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff's Motion for Summary Judgment [DE 11] is hereby DENIED”
“Defendant's Cross-Motion for Summary Judgment [DE 14] is hereby GRANTED; ... The decision of the Commissioner in this case is hereby AFFIRMED”
“it is RECOMMENDED that the District Court GRANT Plaintiff's Petition for Attorney Fees (DE 23) and award fees of $1,922.84 to attorney Lilli W. Marder”
“it is hereby RECOMMENDED that the Commissioner's Motion for Remand (DE 7) be GRANTED and that this cause be REMANDED to the Commissioner to permit him to locate or reconstruct Plaintiff's claim file”
“The Motion by Defendant Bernard Roemmele, Pro Se, Pursuant to Rule 12(b)(3)(B), to Dismiss Indictment -- Because the Indictment Was Returned After the Grand Jury's Term Expired [DE 772] is DENIED”
“The Motion by Defendant Bernard Roemmele, Pro Se, Pursuant to Rule 12(b)(3)(B), to Dismiss Indictment Because it Fails to State an Offense [DE 773] is DENIED”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 266 days (N = 20).
Median motion-to-ruling time: 35 days (N = 3).
A historical record
Judge Seltzer no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.