Jose E. Martinez
How Judge Martinez rules, drawn from 27 signed orders. Every observation links to the order it came from.
About Judge Martinez
Jose E. Martinez is a judge of the United States District Court for the Southern District of Florida. Appointed by President George W. Bush, Judge Martinez received a commission on September 17, 2002.
Judge Martinez's practices and standing orders
Rules for cases before Judge Martinez, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.
Key rules
Filing
Submit sentencing letters and exhibits at least seven days before the hearing.
“Any letters or exhibits to be presented at sentencing shall be submitted no later than 7 days prior to the sentencing hearing.”
Conferences
Seek more than thirty minutes for sentencing by motion at least fourteen days before the hearing.
“If any party requires more than 30 minutes, counsel for that party shall file, no later than 14 days prior to the hearing, a motion in which the moving party specifics how much time will be needed and why more time is necessary.”
Standing orders for every case in this court
Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).
How Judge Martinez decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Maxum Indemnity Co. v. 3rd Generation Plumbing, Martinez held that a workers' compensation exclusion relieved the insurer of any duty to defend or indemnify. Because that exclusion resolved the coverage dispute, he did not reach the alternative employer's liability exclusion.
“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
In Maor v. Dollar Thrifty Automotive Group, Martinez denied the defendants' motion to dismiss, holding that the voluntary-payment doctrine was an affirmative defense requiring a factual inquiry unsuitable for Rule 12(b)(6).
“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.”
In one case, the judge denied three summary-judgment motions and a damages-evidence motion without prejudice because the filings needed to comply with a sealing order. He directed renewed motions within seven days, leaving their merits open.
“The parties shall refile the aforementioned motions and corresponding responses, replies, and statements of material facts, in strict accordance with Judge Maynard’s Order on the Parties Joint Renewed Motion to Seal, (ECF No. 178).”
When the proposed damages in a default case lacked record support, the court entered judgment on liability and required supplemental briefing before fixing damages.
“Plaintiff’s Motion for Default Judgment, (ECF No. 13), is GRANTED as it relates”
In one adoption order, Martinez considered timely objections to a magistrate judge’s report and found that the report had already addressed their substance before adopting it.
“The Court finds that the issues raised in Plaintiff’s objections, (ECF No. 47), are already addressed in Magistrate Judge Becerra’s Report and Recommendation”
When the remaining federal claim ended just before trial, the court retained the case rather than remanding the state claims because a new court would have to learn a case already prepared for trial.
“it is not a good use of judicial resources as it would require another court to become familiar with a case this Court has already been working on for almost a year”
Cautions
In an FLSA retaliation suit, Martinez granted summary judgment to defense attorney Kleppin because the plaintiffs did not show that his stated safety concerns were pretextual.
“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.”
In one default judgment, the court deferred a fee award because the application omitted the required timekeeper qualifications under the local rule.
“Venus does not provide the experience and qualification for each timekeeper for whom fees are sought.”
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”
“Plaintiff Center Capital Corporation's Motion for Summary Judgment (D.E. No. 30) is GRANTED. A final judgment shall be entered by separate order.”
“Defendants’ Motion to Dismiss, [ECF No. 33], is GRANTED.”
“Defendant Kingdom Inc.’s Motion for Summary Judgment, (ECF No. 95); Defendant/Counterclaimant Kingdom Story Company LLC’s Motion for Summary Judgment, (ECF No. 97); Plaintiff’s Motion for Final Summary Judgment Against Defendant Kingdom, Inc., (ECF No. 98); and Defendant Kingdom Story Company’s Daubert Motion and Motion in Limine, (ECF No. 93), are DENIED without prejudice.”
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.
Pending matters in the official report
Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.
| Motions pending more than six months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 0 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 0 | 0 |
| Sep 2025 | 0 | 3 |
| Mar 2025 | 0 | 4 |
| Sep 2024 | 0 | 3 |
| Mar 2024 | 0 | 1 |
| Sep 2023 | 0 | 0 |
| Mar 2023 | 0 | 0 |
| Sep 2022 | 0 | 0 |
| Mar 2022 | 0 | 2 |
| Sep 2021 | 0 | 1 |
| Mar 2021 | 0 | 0 |
| Sep 2020 | 0 | 2 |
A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.
How long civil cases take in this court
For the whole of United States District Court for the Southern District of Florida, not for Judge Martinez: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.
| Cases | Median time | |
|---|---|---|
| All civil cases closed | 8,196 | 3.4 months |
| Closed with no court action | 848 | 3 months |
| Closed before pretrial | 7,287 | 3.5 months |
| Closed during or after pretrial | 16 | 10.1 months |
| Closed during trial | 45 | 17.1 months |
| 12 months ending | Cases closed | Median time |
|---|---|---|
| Sep 2025 | 8,196 | 3.4 months |
| Sep 2024 | 7,755 | 3.6 months |
| Sep 2023 | 20,408 | 0 months |
| Sep 2022 | 8,287 | 3.7 months |
| Sep 2021 | 8,536 | 3.2 months |
| Sep 2020 | 8,657 | 3.4 months |
| Sep 2019 | 9,471 | 3.7 months |
The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).
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