Nathaniel Matheson Gorton

How Judge Gorton rules, drawn from 27 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the District of Massachusetts
Position
District judge
Status
Senior status
Appointed by
George H. W. Bush (Republican)
Commissioned
September 24, 1992
Education
Dartmouth College, A.B., 1960; Columbia Law School, LL.B., 1966
Signed orders read
27

About Judge Gorton

Nathaniel M. Gorton is a judge of the United States District Court for the District of Massachusetts. Appointed by President George H.W. Bush, Judge Gorton received a commission on September 24, 1992. Judge Gorton assumed senior status on May 31, 2025.

Judge Gorton's practices and standing orders

Rules for cases before Judge Gorton, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Sealing

A proposed protective order should confirm that it is subject to Local Rule 7.2.

“In any such order counsel should confirm that it is specifically subject to the provisions of Local Rule 7.2”

Trial

Submit proposed findings of fact and conclusions of law before trial; they may be supplemented afterward.

“The Court requires counsel to submit proposed findings of fact and conclusions of law before the start of trial; they may be supplemented after the conclusion of trial.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Gorton decides

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

What persuades

In Toney v. Guerriero, Gorton granted summary judgment against a procedural due-process claim over lost property because a Massachusetts conversion action provided an adequate remedy, even though he described the claim as apparently deserving of compensation.

“Plaintiff has, both pro se and with the benefit of appointed counsel, brought what on its face appears to be a meritorious action deserving of compensation but because 1) he could have brought a tort claim under Massachusetts law, such as an action for conversion, and 2) a state tort claim is an adequate post-deprivation remedy ... he does not have an actionable Sec. 1983 claim in this case.”

In PerkinElmer Health Sciences, Inc. v. LabQ Clinical Diagnostics LLC, Gorton allowed the plaintiff to plead breach of contract and unjust enrichment in the alternative at the early pleading stage.

“at this early juncture, plaintiff may plead both breach of contract and unjust enrichment in the alternative.”

Procedural preferences

In Momenta Pharmaceuticals v. Teva, he dismissed withdrawn patent-infringement counts with prejudice at final judgment after the plaintiffs waited until after summary judgment briefing to withdraw them, and declined their proposed qualification about preclusion.

“proceeding to the merits of Teva's summary judgment motion would be futile. Furthermore, plaintiffs have had an ample opportunity to brief this matter.”

In immigration detention after a prolonged period of living freely in the country, he distinguished the governing detention statute from the separate due-process question. Although mandatory detention applied, the petitioner's family and community ties and the absence of a mechanism to challenge custody required a prompt bond hearing under the Mathews balancing test.

“Individuals who have become residents, regardless of their immigration status, ought not be incarcerated and separated from their families without due process of law.”

In a trafficking claim, the court required defendants seeking judgment on the pleadings to establish when the claims against them accrued; a time-bar ruling against other defendants did not resolve that factual question.

“The moving defendants provide no facts or arguments about when plaintiff’s claims against them arose, thereby failing to establish the applicability of the statute of limitations”

Cautions

In St. Germain v. Corsini, he denied a certificate of appealability on a procedurally dismissed habeas petition because the petitioner had not shown the evidence omission was intentional or prejudicial and the argument would revisit an issue decided by the First Circuit.

“to decide this issue would be to re-litigate an issue already heard by the First Circuit, the Court finds that jurists of reason would not debate 'whether the petition states a valid claim of the denial of a constitutional right'.”

Signed rulings

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

Joshua Toney v. Michael Guerriero
1:19-cv-10561 · 2022-09-28
Summary judgment (defendant) Granted

“For the foregoing reasons, defendant's motion for summary judgment (Docket No. 70) is ALLOWED.”

Carol Lewis v. Thomas E. Price, Secretary of HHS
1:15-cv-13530 · 2017-08-18
Summary judgment (plaintiff) Denied

“plaintiff's motion for summary judgment(Docket No. 48) is DENIED,”

Summary judgment (defendant) Moot / procedural

“defendant's motion for summary judgment (Docket No. 51) is DENIED as moot and”

Motions to dismiss (defendant) Granted

“defendant's motion to dismiss plaintiff's claims for lack of subject matter jurisdiction (Docket No. 57) is ALLOWED.”

Momenta Pharmaceuticals, Inc. and Sandoz Inc. v. Teva Pharmaceuticals USA, Inc.
1:10-cv-12079 · 2014-01-24
Motion for entry of judgment (defendant) Granted in part

“defendant's motion for entry of final judgment (Docket No. 209) is, with respect to defendant's First Counterclaim for a declaratory judgment of non-infringement of U.S. Patent No. 7,790,466, DENIED, but is, in all other respects, ALLOWED.”

Malden Transportation, Inc., et al. v. Uber Technologies, Inc. and Rasier, LLC
1:16-cv-12538 · 2019-07-03
Summary judgment (plaintiff) Granted in part

“plaintiffs' motion for partial summary judgment on defendants' Chapter 93A, Sec. 3 affirmative defense (Docket No. 367, Part II) is ALLOWED. Otherwise, the cross motions for summary judgment (Docket Nos. 357, 367) are DENIED.”

Summary judgment (defendant) Denied

“the cross motions for summary judgment (Docket Nos. 357, 367) are DENIED.”

PerkinElmer Health Sciences, Inc. v. LabQ Clinical Diagnostics LLC
1:22-cv-11412 · 2023-05-18
Motions to dismiss (defendant) Denied

“defendant LabQ's motion to dismiss (Docket No. 9) is DENIED.”

Carroll K. St. Germain v. Michael Corsini
1:08-cv-11765 · 2010-11-24
Certificate of appealability (petitioner) Denied

“In accordance with the foregoing, the certificate of appealability is DENIED.”

United States v. Carmenatty
1:13-cr-10190 · 2015-01-28
Motion to suppress (defendant) Denied

“For the foregoing reasons, defendant Carmenatty's motion to suppress (Docket No. 96) is DENIED.”

United States v. Alkayisi (Reshat Alkayisi, et al.)
1:21-cr-10208 · 2023-10-30
Motion to suppress (defendant) Denied

“defendant Alkayisi's motion to suppress (Docket No. 302), defendant Dzabiev's motion to suppress (Docket No. 294), defendant O'Hearn's motion to suppress evidence (Docket No. 295) and defendant O'Hearn's motion to suppress statements (Docket No. 298) are all DENIED, without hearings.”

Motion to suppress (defendant) Denied
Motion to suppress (defendant) Denied
Motion to suppress (defendant) Denied
United States v. Antunes
1:18-cr-10468 · 2019-11-08
Motions to dismiss (defendant) Denied

“the motion of defendant Antunes to dismiss the indictment (Docket No. 157) is DENIED.”

United States v. Rego
1:08-cr-10311 · 2013-05-20
Motion to vacate sentence (defendant) Denied

“In accordance with the foregoing, defendant's petition (Docket No. 49) is DISMISSED.”

United States v. Cintron
1:07-cr-10409 · 2017-12-28
Certificate of appealability (defendant) Denied

“In accordance with the foregoing, petitioner's motion for a Certificate of Appealability is DENIED.”

Homeowner Options for Massachusetts Elders, Inc. v. Brookline Bancorp
1:09-cv-11790 · 2011-02-11
Motion for reconsideration (defendant) Denied

“the defendants' motion for reconsideration (Docket No. 47) is DENIED.”

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years3
ReportMotions over six monthsCases over three years
Mar 202603
Sep 202504
Mar 202503
Sep 202404
Mar 202405
Sep 202304
Mar 202301
Sep 202203
Mar 202205
Sep 202101
Mar 202122
Sep 202003

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of U.S. District Court for the District of Massachusetts, not for Judge Gorton: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed2,6827.3 months
Closed with no court action1,0953.8 months
Closed before pretrial8817.1 months
Closed during or after pretrial67617.4 months
Closed during trial3034.8 months
12 months endingCases closedMedian time
Sep 20252,6827.3 months
Sep 20242,4397.2 months
Sep 20232,7569.1 months
Sep 20222,22210.2 months
Sep 20212,58212.2 months
Sep 20202,39111.2 months
Sep 20194,43823 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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