Mark Howard Cohen
How Judge Cohen rules, drawn from 13 signed orders. Every observation links to the order it came from.
How Judge Cohen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He permits claims to proceed when dismissal would require resolving disputed factual questions, including the existence and enforceability of a contract to negotiate.
“resolving the issue at this stage would necessarily involve the resolution of disputed questions of fact, which is more appropriately addressed on summary judgment.”
For injunctive relief against an agency, demonstrated noncompliance with the agency's own mandatory procedures can establish likely success and the public interest.
“the public has an interest in government agencies being required to comply with their own written guidelines instead of engaging in arbitrary decision making”
Procedural preferences
Reconsideration is not a vehicle for arguments that could have been raised in the original briefing.
“Mere citation to a case is not the equivalent of making a legal argument, especially in a situation where Defendants did not articulate this argument”
Cautions
Treats generalized objections that repeat prior briefing as insufficient to trigger a new merits presentation, and upheld suppression recommendations where defendants abandoned vehicles or property while fleeing police.
“Rather than make specific objections to the R&R, Pierre copied verbatim the arguments he made to the Magistrate Judge following the evidentiary hearing.”
Expert opinions must show a reliable methodology and a fit that will help the factfinder; credentials alone do not bridge an analytical gap.
“Plaintiff has not demonstrated by a preponderance of evidence that Dr. Langer employed a reliable methodology to reach his opinions and his opinion testimony would be helpful to a jury”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant's Motions to Dismiss Plaintiffs Class Action Complaint [Docs. 14, 15] are DENIED as moot.”
“Defendant's Motion to Dismiss Plaintiffs Amended Class Action Complaint [Doc. 21] is GRANTED. Plaintiffs Amended Class Action Complaint is DISMISSED with PREJUDICE [Doc. 18]”
“Defendant Pawsitive Solutions, Inc.'s Motion to Dismiss [Doc. 14], Defendant Petland, Inc.'s Motion to Dismiss [Doc. 15], and Defendants BKG Pets, Inc. and Pets BKG LLC's Motion to Dismiss [Doc. 16] are GRANTED IN PART as to Plaintiffs federal claims. The Court DECLINES to exercise supplemental jurisdiction over Plaintiff's state law claim, which is DISMISSED WITHOUT PREJUDICE.”
“Defendants' Motion to Dismiss Amended Class Action Complaint [Doc. 24] is GRANTED. The Clerk is DIRECTED to close this case.”
“the Court hereby (a) GRANTS final approval of the Settlement Agreement; (b) CERTIFIES the settlement class pursuant to Federal Rules of Civil Procedure 23(b)(3) and (e)”
“approves the request of class counsel for a fee of $17,333,333.00, expenses of $175,000.00, and a service award of $20,000.00 to each of the class representatives”
“Defendants' Motion for Reconsideration [Doc. 51] and Motion for Certification and Stay Pending Appeal [Doc. 57] are DENIED.”
“the Court DENIES Defendants' Motion for Certification for Interlocutory Appeal.”
“Given the Court's denial of Defendants' Motion for Certification for Interlocutory Appeal, its Motion to Stay Pending Appeal [Doc. 57] is DENIED AS MOOT.”
“Defendants' Motion to Exclude the Opinion Testimony of Plaintiffs Designated Expert Phillip Langer, MD [Doc. 52] is GRANTED.”
“Defendant's AMEC Foster Wheeler Programs, Inc.'s Motion to Dismiss [Doc. 7] is DENIED.”
“Plaintiffs Emergency Motion For a Temporary Restraining Order and/or for a Preliminary Injunction [Doc. 14] is GRANTED IN PART”
“Defendant First Premier Bank's Motion to Dismiss [Doc. 65] is GRANTED. The Clerk is DIRECTED to close this case.”
“the Insperity Defendants' Motion to Dismiss Plaintiffs' Amended Complaint [Doc. 41] and Reliance's Motion to Dismiss Plaintiffs' Amended Complaint [Doc. 43] are GRANTED IN PART and DENIED IN PART.”
“the Insperity Defendants' Motion to Dismiss the Complaint [Doc. 29] and Reliance's Motion to Dismiss the Complaint [Doc. 32] are DENIED AS MOOT.”
“Plaintiffs' Motion for Leave to File Second Notice of Supplemental Authority in Opposition to Motions to Dismiss [Doc. 63] and Plaintiffs' Consent Motion for Leave to File Third Notice of Supplemental Authority in Opposition to Motions to Dismiss [Doc. 64] are GRANTED.”
“Plaintiff Sebastian Cordoba's Motion for Class Certification [Doc. 63] and Defendant DIRECTV, LLC's Motion for Leave to Amend its Answer [Doc. 82] are GRANTED.”
“Plaintiffs Objection to the Expert Report of Dr. Debra J. Aron [Doc. 74] is DENIED WITHOUT PREJUDICE.”
“Defendants' Motion for Summary Judgment [Doc. 110] is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 79.5 days (N = 10).
Median motion-to-ruling time: 50 days (N = 11).
The sampled docket records span employment, consumer, insurance, contract, benefits, public-records, personal-injury, and prisoner matters.
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Ezel grounds your drafting and research in this profile: what has persuaded Judge Cohen, and what has not, cited to the signed orders.
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