Erwin I. Katz
How Judge Katz rules, drawn from 17 signed orders. Every observation links to the order it came from.
Judge Katz no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Katz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Concrete record conflicts defeated summary judgment even when a party's legal theory was otherwise viable.
“Because each party has presented some evidence regarding the financing statement, and this Court, on a motion for summary judgment, cannot weigh the evidence, summary judgment is not appropriate”
Procedural preferences
A claim voluntarily withdrawn with prejudice was treated as a final judgment for later preclusion purposes.
“A voluntary dismissal with prejudice is a final judgment for purposes of res judicata.”
Cautions
A bankruptcy filing used as a litigation tactic, coupled with failure to confront adverse authority, exposed both debtor and counsel to sanctions.
“Such foisting of the burden onto the Court or one’s opponent is precisely what Rules 11 and 9011 were created to prevent.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, Defendant’s Motion to Dismiss Plaintiffs Complaint is denied. The Adversary Proceeding is stayed pending the outcome of the mediation or arbitration.”
“the Court concludes that Sable is not a general partner of the Partnership and the involuntary petition will be dismissed.”
“For the reasons set forth herein, Debtor’s motion for summary judgment is denied.”
“SNA’s motion for reconsideration is granted in part and denied in part.”
“The Motion to Reconsider is granted. The Jury Demand filed by The Haagen-Dazs Company is hereby stricken.”
“The Sills filing was neither vexatious nor abusive. It was not unreasonable or manipulative. The record clearly indicates that Sills filed to liquidate assets and pay his creditors. That is a legitimate goal under the Bankruptcy Code.”
“sanctions of a nature and amount yet to be determined will be imposed on Collins, Brisky and the Firm for violation of the provisions of § 105(a) and Rule 9011.”
“For the foregoing reasons, the Award is affirmed.”
“For the foregoing reasons, summary judgment is granted in favor of the Defendant, Catherine Steege, not individually, but as the Chapter 7 Trustee of National Industrial Chemical Company.”
“The Motion for Summary Judgment and for Judgment on the Motion for Entry of a Rule to Show Cause is therefore denied.”
“Lastly, a trustee will not be appointed because Landlord has not proven that one is needed.”
“For the foregoing reasons, Defendant’s Motion for Summary Judgment is denied.”
“the motion of the Defendant to dismiss Plaintiffs amended adversary complaint is granted and Plaintiffs first claim for relief, brought under 11 U.S.C. § 523(a)(2)(a), is dismissed with prejudice. Plaintiffs second claim for relief, brought under 11 U.S.C. § 523(a)(6), is stricken with leave to file a second amended adversary complaint as to 11 U.S.C. § 523(a)(6) only.”
“The court denies the prayer for sanctions without prejudice to the movant to resubmit the motion at a later date.”
A historical record
Judge Katz 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.