Philip P. Simon
How Judge Simon rules, drawn from 6 signed orders. Every observation links to the order it came from.
How Judge Simon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On FDCPA claims Simon applies the Seventh Circuit's unsophisticated-consumer standard and Ruth's three categories: an only-possibly-misleading (category two) dunning letter requires extrinsic survey evidence, and he grants the defendant summary judgment where the plaintiff lacks it.
“Defendant Enhanced Recovery Company, LLC's motion for summary judgment [DE 64] is GRANTED.”
In the reviewed FMLA case, Simon treated sworn declarations based on personal knowledge as competent summary-judgment evidence and required contrary admissible evidence; labels such as self-serving, unsupported denials, and rhetorical questions did not create a genuine dispute.
“Accordingly, Defendants’ motion for summary judgment on both of Hansen’s remaining claims [DE 33] is GRANTED.”
He dismissed a declaratory action where a federal consent decree neither bound the nonparty customer communities nor authorized federal rate-setting, and the declaratory-judgment statute supplied no independent basis for subject-matter jurisdiction.
“For all of these reasons, Defendants’ Motion to Dismiss for Lack of Jurisdiction [DE 85] is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE.”
Cautions
On a Title VII single-incident supervisor-harassment claim he declines to adopt a modified Ellerth/Faragher affirmative defense that drops the second prong: both prongs are required and a prompt employee report forecloses the defense, so he denies the employer's motion to reconsider.
“the Court DENIES defendant AWS's motion to reconsider [DE 40].”
In consolidated litigation, Simon granted a stay where one defendant's arbitration dispute would otherwise force duplicative trials and potentially overlapping verdicts; ordinary delay did not outweigh the gains in judicial economy and simplification without a specific showing of prejudice.
“Equifax and TransUnion’s joint motion to stay the case [4:22-cv-85, DE 267; 4:22cv-86, DE 191; and 4:22-cv-90, DE 193] is GRANTED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff Erin Johnson's motion for summary judgment [DE 61] is DENIED.”
“Defendant Enhanced Recovery Company, LLC's motion for summary judgment [DE 64] is GRANTED.”
“Defendant American Heritage Insurance Company's motion for summary judgment, DE 35, is GRANTED and Plaintiffs' motion for partial summary judgment, DE 28, is DENIED.”
“Plaintiffs' motion for partial summary judgment, DE 28, is DENIED.”
“the Court DENIES defendant AWS's motion to reconsider [DE 40].”
“Equifax and TransUnion’s joint motion to stay the case [4:22-cv-85, DE 267; 4:22cv-86, DE 191; and 4:22-cv-90, DE 193] is GRANTED.”
“For all of these reasons, Defendants’ Motion to Dismiss for Lack of Jurisdiction [DE 85] is GRANTED and the complaint is DISMISSED WITHOUT PREJUDICE.”
“Consequently, the Supplemental Motion to Dismiss [DE 94] will be denied, but the original motion to dismiss [DE 85] will be granted.”
“Accordingly, Defendants’ motion for summary judgment on both of Hansen’s remaining claims [DE 33] is GRANTED.”
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