John J. O'Sullivan

United States District Court for the Southern District of Florida magistrate Retired 2023 · served 1999–2023

Judge O'Sullivan no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge O'Sullivan decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Social Security appeals, recommends affirming the Commissioner where substantial evidence supports the decision.

“ADJUDGED that Defendant's Motion for Summary Judgment is GRANTED. ... for the reasons in Magistrate O'Sullivan's Report and Recommendations that the Court now adopts”

Will recommend reversing and remanding an ALJ's denial of benefits where the agency decision is not supported by substantial evidence.

“he recommended that (1) the Plaintiff's Motion should be granted ... The Plaintiff's Motion [ECF No. 21] is GRANTED.”

Procedural preferences

On cross-motions for summary judgment, rules granularly — denying both sides except on unopposed points, and applying judicial estoppel where a party's positions conflict.

“the Plaintiffs' motion for summary judgment is denied except where unopposed”

Cautions

In insurance duty-to-defend disputes, resolves cross-motions for summary judgment on the pleadings, recommending judgment for the insurer where the underlying allegations trigger no duty.

“the undersigned respectfully recommends that Travelers' Motion for Summary Judgment Regarding the Duty to Defend (DE# 25, 9/29/16) be GRANTED”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Hervas v. Commissioner of Social Security
1:14-cv-20577-FAM · 2015-03-05
Summary judgment (plaintiff) Denied

“ADJUDGED that Plaintiff's Motion for Summary Judgment is DENIED.”

Summary judgment (defendant) Granted

“ADJUDGED that Defendant's Motion for Summary Judgment is GRANTED. ... for the reasons in Magistrate O'Sullivan's Report and Recommendations that the Court now adopts”

Perez v. Garcia
1:15-cv-20615-JJO · 2015-08-26
Summary judgment (defendant) Denied

“the Defendants' motion for summary judgment is denied”

Summary judgment (plaintiff) Granted in part

“the Plaintiffs' motion for summary judgment is denied except where unopposed”

Witkin Design Group, Inc. v. Travelers Property Casualty Company of America
1:16-cv-20484-FAM · 2016-12-15
Summary judgment (defendant) Granted

“the undersigned respectfully recommends that Travelers' Motion for Summary Judgment Regarding the Duty to Defend (DE# 25, 9/29/16) be GRANTED”

Summary judgment (plaintiff) Denied

“Plaintiff, Witkin Design Group, Inc.'s Motion for Summary Judgment Regarding the Duty to Defend (DE# 29, 10/11/16) be DENIED”

Marichal v. Saul (Commissioner of Social Security)
1:20-cv-20209-JAL · 2021-03-09
Summary judgment (plaintiff) Denied

“Plaintiff's Motion for Summary Judgment (D.E. 19) is DENIED”

Summary judgment (defendant) Granted

“The Commissioner's Motion for Summary Judgment (D.E. 20) is GRANTED; ... The Commissioner's decision is AFFIRMED”

Nunez v. Commissioner of Social Security
1:20-cv-23275-RKA · 2021-11-23
Summary judgment (plaintiff) Granted

“he recommended that (1) the Plaintiff's Motion should be granted ... The Plaintiff's Motion [ECF No. 21] is GRANTED.”

Summary judgment (defendant) Denied

“(2) the Defendant's Motion should be denied ... The Defendant's Motion [ECF No. 26] is DENIED.”

A historical record

Judge O'Sullivan 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.