David Gary Bernthal
Judge Bernthal no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bernthal decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Attends closely to preclusion doctrine and a party's prior litigation positions, recommending dismissal on collateral- and judicial-estoppel grounds flowing from a prior consent decree.
“this Court recommends, pursuant to its authority under 28 U.S.C. 636(b)(1)(B), that Defendants' motions to dismiss (# 14, # 15, # 19) be GRANTED.”
Cautions
Dismisses a veterans-benefits suit for lack of jurisdiction where 38 U.S.C. 511(a) channels review elsewhere and only a facial constitutional challenge would remain in district court.
“For the reasons set forth above, the Court GRANTS Defendant's Second Motion To Dismiss Plaintiff's Complaint for Failure To State a Valid Cause of Action (# 20). This case is terminated.”
Grants summary judgment on Section 1983 claims barred by Heck v. Humphrey where success would undermine the plaintiff's convictions, then relinquishes supplemental jurisdiction over the state-law claims.
“the Court GRANTS Defendants' Motion for Summary Judgment (#47) as to Plaintiff's claims under § 1983 and relinquishes jurisdiction over Plaintiff's claims under state law.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth above, the Court GRANTS Defendant's Second Motion To Dismiss Plaintiff's Complaint for Failure To State a Valid Cause of Action (# 20). This case is terminated.”
“this Court recommends, pursuant to its authority under 28 U.S.C. 636(b)(1)(B), that Defendants' motions to dismiss (# 14, # 15, # 19) be GRANTED.”
“For the reasons stated above, the Court GRANTS Defendant's Motion for Summary Judgment (#24). This case is terminated.”
“the Court GRANTS Defendants' Motion for Summary Judgment (#47) as to Plaintiff's claims under § 1983 and relinquishes jurisdiction over Plaintiff's claims under state law.”
“the Court recommends that Plaintiff's Motion for Summary Judgment (#15) be DENIED, Defendant's Motion for Summary Judgment (#17) be GRANTED, and that the decision to deny benefits be affirmed.”
Caseload & timing
From public federal docket records for this judge.
Illustrative texture only; not weighted counts. No authoritative caseload baseline loaded.
A historical record
Judge Bernthal 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.