Debra McVicker Lynch

U.S. District Court for the Southern District of Indiana magistrate Retired 2022 · served 2008–2022 3 signed orders read

Judge Lynch no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Lynch decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Her sanctioning is even-handed: a corporate defendant that defies the settlement-conference order, stonewalls discovery, and abandons its defense draws a recommended entry of default plus a fine and the opponent's fees.

“the magistrate judge recommends that the court enter the following sanctions against Alpha Home: ... An entry of default under Rule 55(a) against Alpha Home. ... Alpha Home must pay a $500 fine to the court ... [and] the reasonable expenses, including attorneys' fees, incurred by Ms. Howard”

Cautions

On spoliation and discovery abuse Lynch recommends the ultimate sanction -- dismissal with prejudice plus fees under Rule 37(b) and the court's inherent power -- where she finds by a preponderance that a party deliberately destroyed evidence in bad faith.

“The magistrate judge reports and recommends that the district court GRANT the defendant's motion for sanctions (Dkt. 30) and DISMISS with PREJUDICE Mr. Nyugen's complaint and ORDER him to pay Hamilton Exhibits' reasonable attorneys' fees in bringing the motion for sanctions.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Nguyen v. Hamilton Exhibits, LLC
1:19-cv-04330-JRS-DML · 2020-11-18
Sanctions (defendant) Granted

“The magistrate judge reports and recommends that the district court GRANT the defendant's motion for sanctions (Dkt. 30) and DISMISS with PREJUDICE Mr. Nyugen's complaint and ORDER him to pay Hamilton Exhibits' reasonable attorneys' fees in bringing the motion for sanctions.”

Smith v. ITT Technical Institute
1:13-cv-00441-RLY-DML · 2016-03-04
Dismissal failure to prosecute (court) Granted

“The magistrate judge recommends that the District Judge enter final judgment and dismiss the plaintiff's complaint without prejudice because the arbitration compelled by the court in granting the defendant's motion to dismiss or stay has not—after more than two years—been initiated.”

Howard v. Alpha Home Association of Greater Indianapolis (Indiana), Inc.
1:15-cv-00839-SEB-DML · 2016-06-03
Sanctions (plaintiff) Granted

“the magistrate judge recommends that the court enter the following sanctions against Alpha Home: ... An entry of default under Rule 55(a) against Alpha Home. ... Alpha Home must pay a $500 fine to the court ... [and] the reasonable expenses, including attorneys' fees, incurred by Ms. Howard”

A historical record

Judge Lynch 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.