Mark J. Dinsmore
How Judge Dinsmore rules, drawn from 8 signed orders. Every observation links to the order it came from.
How Judge Dinsmore decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At summary judgment, Dinsmore rejected an expert opinion whose factual premise was contradicted by the treatment-request record, allowing the deliberate-indifference claim against the treating doctor to proceed.
“Thus, Dr. Fowlkes's opinion is based on a factual premise that is flatly contradicted by the record.”
In Social Security review, treated any step-two headache error as harmless after the analysis proceeded and found the symptom assessment supported by conservative care and infrequent procedures for severe flare-ups.
“In sum, the ALJ relied on appropriate considerations, i.e., conservative treatments and infrequent procedures for severe flare ups, in her subjective symptom analysis of Claimant’s hidradenitis suppurativa.”
Procedural preferences
Recommends granting a motion to dismiss; the district court adopted the recommendation with a modification.
“On May 22, 2015, Magistrate Judge Mark J. Dinsmore issued a Report and Recommendation, recommending that the Motion to Dismiss be granted (Filing No. 33). ... the Court hereby ADOPTS the Magistrate Judge's Report and Recommendation (Filing No. 33) with one MODIFICATION.”
Where a Social Security claimant received advance warning that nonappearance could lead to dismissal without further notice, Dinsmore treated a later opportunity to show cause as unnecessary absent evidence of good cause.
“This argument is belied by SSA's regulations, which permits such a finding so long as the claimant was warned in advance that his failure to appear could result in dismissal without further notice.”
Declined abstention in a Hague Convention case where the Hague issue had not actually been litigated in state court, the petitioner retained a statutory choice of forum, and the state court had voluntarily stayed its own proceeding.
“Accordingly, abstention is not appropriate under Younger or Colorado River, and Lawson's abstention motion is DENIED.”
Cautions
A plaintiff who ties claimed emotional distress to chronic medical conditions places those conditions at issue and may be required to provide relevant medical and psychotherapy records despite privilege and privacy objections.
“It would be fundamentally unfair to allow him to do so, and thus seek damages for the exacerbation of his chronic medical conditions, without permitting Defendants to examine his medical records and investigate his claims.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On May 22, 2015, Magistrate Judge Mark J. Dinsmore issued a Report and Recommendation, recommending that the Motion to Dismiss be granted (Filing No. 33). ... the Court hereby ADOPTS the Magistrate Judge's Report and Recommendation (Filing No. 33) with one MODIFICATION.”
In an FCRA consumer-credit case, Dinsmore issued a referral R&R recommending sua sponte dismissal without prejudice of claims against Absolute Resolutions Investments, LLC under Rule 4(m). After an order to show cause, the plaintiff neither demonstrated good cause nor served the defendant. Quote: 'the Magistrate Judge recommends that Plaintiff's claims against Defendant Absolute Resolutions Investments, LLC ... be DISMISSED without prejudice for Plaintiff's failure to comply with Fed. R. Civ. P. 4(m).'
“For the reasons stated above, the undersigned RECOMMENDS that the Commissioner's decision be AFFIRMED”
“Accordingly, the motion to amend, [Dkt. 44], is GRANTED and the Clerk is directed to file the Amended Counterclaim”
“In light of this ruling, Kinnard's motion for summary judgment, [Dkt. 36], is DENIED AS MOOT without prejudice to its resubmission”
“The Medical Defendants' Motion for Summary Judgment is GRANTED IN PART and DENIED IN PART. Plaintiff's claims against Centurion are DISMISSED WITH PREJUDICE. Plaintiff's claims against Dr. Perez shall proceed.”
“For the reasons explained above, Lawson's Motion for Abstention and Stay of Federal Proceedings [Dkt. 18] is DENIED.”
“For the reasons explained above, Defendants' motion to compel is GRANTED. [Dkt. 43.]”
“For the reasons described above, the Magistrate Judge recommends that the District Judge AFFIRM the Commissioner's decision that Claimant was not disabled.”
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