Catherine D. Perry
How Judge Perry decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
On a Rule 12(b)(6) motion she confines herself to the complaint and documents it embraces; an argument that depends on facts outside the pleadings will be denied and pushed to summary judgment rather than converted.
“Because resolution of the issues raised by Community Transit’s motion requires consideration of matters outside the pleadings, I may not determine them on a Rule 12(b)(6) motion to dismiss. I will therefore deny the motion.”
A request for leave to amend must come with the proposed pleading and an explanation of how it cures the defects; a bare request to file an amended complaint, without an attached draft, will be denied.
“I will also deny their request to file a Second Amended Complaint because they have not attached a copy of the proposed complaint, nor have they described the substance of their proposed amendment or explained how amendment would cure the defects I have described above.”
Cautions
She expects a Rule 26(b)(5) privilege log specific enough to test each asserted privilege; a blanket or conclusory log will not preserve the objection.
“the privilege log it provided to plaintiffs in support of these asserted privileges is woefully inadequate and does not comply with Fed. R. Civ. P. 26(b)(5)(A). As such, it is impossible for the plaintiffs and the Court to determine if the privileges are properly asserted. Defendant cannot assert blanket objections and privileges without providing the information necessary to determine whether it is actually entitled to do so.”
She polices attorney civility on the record and warns counsel against contumacious conduct; incivility and threats in correspondence drew an explicit rebuke.
“The Court disapproves of defense counsel’s lack of civility and will not tolerate contumacious conduct from either party in this case.”
Abusive serial filers face filing restrictions: in a closed case affirmed on appeal she directed the clerk to return any future filings unfiled.
“IT IS FURTHER ORDERED that the Clerk of Court shall return any future filings in this closed case to Plaintiff without filing.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Motions to dismiss N = 2 |
Denied: 2 | counts only |
| Motion to quash N = 2 |
Denied: 1Moot / procedural: 1 | counts only |
| Motion to join party N = 1 |
Denied: 1 | counts only |
| Motion to suppress N = 1 |
Moot / procedural: 1 | counts only |
| Motion to set aside default N = 1 |
Granted: 1 | counts only |
| Motion for leave to file N = 1 |
Granted: 1 | counts only |
| Motion to proceed ifp N = 1 |
Granted: 1 | counts only |
| Motion to stay discovery N = 1 |
Moot / procedural: 1 | counts only |
| Motion for sanctions N = 1 |
Denied: 1 | counts only |
| Motion to amend case management order N = 1 |
Moot / procedural: 1 | counts only |
| Motions to compel N = 1 |
Granted in part: 1 | counts only |
| Motion to set aside judgment N = 1 |
Denied: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS FURTHER ORDERED that the joint motion to stay discovery [#22] is denied as moot.”
“IT IS FURTHER ORDERED that defendant’s motion to quash subpoena duces tecum [#17-1] and motion for sanctions [#17-4] are denied”
“IT IS FURTHER ORDERED that defendant’s motion to quash subpoena duces tecum [#17-1] and motion for sanctions [#17-4] are denied”
“defendant’s motion to quash notice of mediation [#17-2] and motion to amend case management order [#17-3] are denied as moot in light of the above ruling”
“defendant’s motion to quash notice of mediation [#17-2] and motion to amend case management order [#17-3] are denied as moot in light of the above ruling”
“IT IS FURTHER ORDERED that plaintiff’s motion to compel [#14] is granted in part and denied in part as set out above”
“IT IS FURTHER ORDERED that plaintiffs’ motion to dismiss [#7] is denied.”
“IT IS HEREBY ORDERED that plaintiffs’ motion to add a party [#28] is denied.”
“IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma pauperis [ECF No. 3] is GRANTED.”
“IT IS HEREBY ORDERED that defendant Agency for Community Transit, Inc.’s Motion to Dismiss [7] is DENIED.”
“IT IS FURTHER ORDERED that plaintiff’s motion to suppress evidence [Doc. 2] is DENIED, without prejudice, as premature.”
“IT IS HEREBY ORDERED that the motion to set aside default [21] is granted, and the Clerk’s Entry of Default dated March 18, 2025 [19], is vacated.”
“IT IS FURTHER ORDERED that defendant’s motion for leave to file a motion to dismiss [22] is granted”
“IT IS HEREBY ORDERED that Plaintiff Cedric Greene’s Motion to Set Aside Judgment and Objections is DENIED. [Doc. 16]”