Beth P. Gesner
How Judge Gesner decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
At the pleading stage, permits employment-discrimination claims to proceed when the complaint identifies proposed comparators and alleges a plausible basis for treating them as similarly situated.
“At this stage of the proceedings, and in light of the relaxed requirements for MFEPA claims, plaintiff states a plausible claim of sex discrimination in violation of the MFEPA.”
In Social Security appeals she reverses and remands under sentence four of 42 U.S.C. 405(g) where the ALJ's analysis is inadequate.
“Pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner's judgment is REVERSED due to inadequate analysis. The case is REMANDED for further consideration in accordance with this opinion.”
Cautions
Will not read a settlement release limited to claims through its effective date as also releasing claims based on later conduct.
“The plain language of the Agreement does not include a release of any future claims.”
A motion to alter or amend is denied where the movant identifies no clear legal error and merely disagrees with the court's conclusion.
“Defendants have not identified any clear legal error in the court's judgment. Rather, defendants merely disagree with the conclusion the court reached and ask the court to change its mind... defendants' Motion is denied.”
She denies summary judgment where material facts remain genuinely in dispute, sending those disputes to trial.
“Given that material facts remain in dispute, summary judgment in favor of defendants would be inappropriate in this case... Defendant Officers' and defendant Town's Motions for summary Judgment are denied without prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“AutoNation is not a proper defendant and the court grants plaintiff's Motion to Dismiss defendant AutoNation (ECF No. 37).”
“Because no plaintiff has the same citizenship as any defendant, complete diversity exists and the court may exercise diversity jurisdiction over this case. Accordingly, plaintiff's Motion to Remand (ECF No. 38) is denied.”
“there is no good cause justification for plaintiff's more than two-year delay in serving defendants... defendants have been substantially prejudiced by plaintiff's delay in effecting service. Accordingly, the court grants defendants' Joint Motion to Dismiss (ECF No. 34).”
“plaintiffs' Motion to Substitute Party (ECF No. 33) is GRANTED. Heather Myers, Personal Representative of the Estate of James Myers, shall be substituted as the proper party for James Myers, decedent.”
“Defendant Officers' Motion (ECF No. 31) is GRANTED in part and DENIED in part. As to Officer Lasassa, Counts V through X are dismissed, and Officer Lasassa is dismissed from this case. As to Officer Saulsbury, Counts VIII, IX, and X are dismissed. As to Officer Devine, Count II is dismissed.”
“Defendant Town's Motion (ECF No. 32) is GRANTED in part and DENIED in part. Specifically, defendant Town's Motion is granted as to Counts I, II, IV, V, VII, VIII, and IX.”
“Given that material facts remain in dispute, summary judgment in favor of defendants would be inappropriate in this case... Defendant Officers' and defendant Town's Motions for summary Judgment are denied without prejudice.”
“Defendants have not identified any clear legal error in the court's judgment. Rather, defendants merely disagree with the conclusion the court reached and ask the court to change its mind... defendants' Motion is denied.”
“Defendants have demonstrated that specific material facts exist regarding their scienter and whether they purposefully intended to defraud plaintiffs... plaintiffs' Motion for Partial Summary Judgment (ECF No. 82) is DENIED.”
“Pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner's judgment is REVERSED due to inadequate analysis. The case is REMANDED for further consideration in accordance with this opinion.”
“Pursuant to sentence four of 42 U.S.C. § 405(g), the Commissioner's judgment is REVERSED due to inadequate analysis. The case is REMANDED for further consideration in accordance with this opinion.”
“For the foregoing reasons, defendant’s Motion for Summary Judgment (ECF No. 35) is GRANTED, plaintiffs’ Cross-Motion for Summary Judgment (ECF No. 37) is DENIED, and plaintiff’s Motion for Leave to Supplement (ECF No. 42) is GRANTED.”
“defendant’s Motion to Dismiss is granted with respect to plaintiff’s constructive discharge claim (Count IV) and denied with respect to plaintiff’s sex discrimination claim (Count I), wage discrimination claim (Count II), and retaliation claim (Count III).”
“For the reasons set forth above, defendant’s Motion to Dismiss (ECF No. 14) is DENIED.”
“For the foregoing reasons, defendant’s Motion to Dismiss (ECF No. 16) is denied.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 720 days (N = 2).
Median motion-to-ruling time: 259 days (N = 1).
With the parties' consent, Gesner presided over the full course of Social Security appeals, civil-rights actions, pension-fund collections, fraud claims, and tort and diversity cases, issuing final appealable judgments. The reviewed consent cases were selected by case name rather than through a randomized caseload sample.
Put Judge Gesner's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Gesner actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Gesner's own signed orders and cites them.