Jose E. Martinez
How Judge Martinez rules, drawn from 9 signed orders. Every observation links to the order it came from.
How Judge Martinez decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Treats insurance-policy interpretation as a question of law well-suited to summary judgment and construes exclusions per Florida appellate precedent; reaches only the dispositive ground (declined to address an alternative policy exclusion once the workers'-comp exclusion resolved the case).
“the Court concludes that Maxum has no obligation to defend or indemnify Massaro in the underlying tort action under operation of the Policy's Workers' Compensation Exclusion as a matter of law. Because this determination resolves the dispute, the Court need not address whether the Employer's Liability Exclusion also applies.”
In a Florida no-fault insurance case, the court harmonized the clinic-licensing and reimbursement statutes, dismissed only the legally unsupported independent-contractor theory, and allowed amendment while preserving the remaining claims.
“Plaintiffs' allegations are largely sufficient and grounded in sound legal interpretation.”
Procedural preferences
Will not resolve affirmative defenses or contract-interpretation ambiguities on a 12(b)(6) motion; a fee described as 'to cover costs' but exceeding costs states a plausible pass-through/FDUTPA theory.
“the voluntary payment doctrine is an affirmative defense that may not be raised on a motion to dismiss, as it entails a fact-based inquiry not suited for resolution on a Rule 12(b)(6) motion.”
A complaint that incorporates immaterial allegations and does not identify which defendant committed which act may be dismissed as a shotgun pleading even when the court also addresses the merits.
“Plaintiffs assert multiple claims against the Defendants without identifying which of the defendants are responsible for which act or omission.”
Cautions
On employment SJ, applies McDonnell Douglas strictly: 'unsupported speculation' does not create a fact issue, and a plaintiff must show EVERY articulated non-discriminatory/non-retaliatory reason is pretextual to survive.
“Plaintiffs must show that every articulated reason is a pretext in order to prevail. ... Plaintiffs failure to produce evidence that Defendant Kleppin's safety concerns were a pretext mandates granting summary judgment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant's Motion for Summary Judgment [ECF No. 25] is GRANTED. ... Accordingly, Chase is entitled to summary judgment in its favor with respect to all claims.”
“Defendants' Motion to Dismiss Plaintiff's Class Action Complaint is DENIED [ECF No. 21].”
“Plaintiff Maxum Indemnity Company's motion for summary judgment [ECF No. 45] is GRANTED.”
“The Defendant Estate's cross-motion for summary judgment [ECF No. 46] is DENIED.”
“Defendants' Motions for Summary Judgment (D.E. No. 95, 96) are GRANTED.”
“Plaintiffs' Renewed Motion for Partial Summary Judgment on Liability] (D.E. No. 196) is DENIED.”
“Defendants Motion to Dismiss Plaintiffs' Second Amended Complaint [ECF No. 48] is GRANTED ;”
“Plaintiff's Motion for Preliminary Injunction is GRANTED .”
“ORDERED AND ADJUDGED that Defendants' Motion to Dismiss [ECF No. 39] is GRANTED in part and DENIED in part”
“Plaintiff's Motion for Entry of Final Default Judgment Against Defendants [ECF No. 67] is GRANTED.”
“ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 16 Motion for Preliminary Injunction; Adopting 25 Report and Recommendations”
Caseload & timing
From public federal docket records for this judge.
The reviewed matters include criminal prosecutions, insurance and declaratory-judgment disputes, employment and wage claims, consumer class actions, debt collection, maritime injury, copyright, civil rights, and a growing 2026 group of immigration-detention habeas petitions. This is a sampled description of case mix, not a complete census or grant rate.
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