Stephen N. Limbaugh, Jr.
How Judge Jr. decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On fraudulent joinder he looks past the pleadings to the record: a resident defendant with no factual connection to the incident (e.g., not employed on the date) is fraudulently joined, but a resident manager who was merely absent that day may be properly joined; doubts about removal are resolved toward remand.
“there is no reasonable basis in fact or law supporting a claim against Lutes, who — by virtue of his not even being employed by Lowe’s on the date of the incident, has no connection at all to the incident. Winfrey, on the other hand, may be properly joined, so his joinder is not fraudulent”
In a multi-plaintiff mass-tort removal he applies Bristol-Myers Squibb to resolve personal jurisdiction first, dismissing non-forum plaintiffs who have no Missouri connection (which can perfect diversity) before reaching remand.
“defendants’ 12(b)(2) motion to dismiss (#4) is granted. Plaintiffs’ motion to remand (#14) is denied because the Court has proper subject matter jurisdiction in this action.”
Procedural preferences
On a Rule 12(b)(6) motion he will consider a document necessarily embraced by the pleadings (e.g., the contract/plan the claim is built on) without converting the motion to summary judgment.
“Because the parties have briefed the sufficiency of plaintiff’s claim based on the plan and that document is necessarily embraced by the pleadings, the Court will consider the plan in making its determination.”
He enforces the sequence for defaults — a Clerk's entry of default under Rule 55(a) must precede a default judgment under Rule 55(b) — and the merits-preference favors allowing a brief, good-faith late answer (excusable neglect under Rule 6(b)).
“Plaintiff’s motion for default judgment must be denied on the basis that an entry of default from the Clerk of the Court pursuant to Rule 55(a) is a prerequisite to and must precede the grant of a default judgment under Rule 55(b).”
Title VII claims not raised in the EEOC charge are unexhausted: a race-only charge does not exhaust later sex or national-origin claims.
“None of the claims raised in plaintiff’s amended complaint were raised in his charge of discrimination before the U.S. Equal Employment Opportunity Commission (“EEOC”) and the Missouri Commission on Human Rights (“MCHR”). The charge plaintiff filed with the EEOC and MCHR refers only to claims of discrimination based on race—not on sex or national origin.”
Cautions
Repeated discovery non-compliance and unconvincing excuses draw monetary sanctions and a final, no-further-warning notice; he investigates lesser sanctions before dismissal but makes clear dismissal becomes unavoidable if defiance continues.
“the Court will not order dismissal of this case outright under Rule 37(b)(2)(A)(v) as defendants have requested. ... If plaintiff continues to disregard this Court’s orders, dismissal will become unavoidable. For now, though, this Court will provide plaintiff one final opportunity to comply, while also ordering monetary sanctions”
Leave to amend (Rule 15(a)) is refused when the movant offers no reason justifying a late amendment; a pro se plaintiff who waited two years with no explanation was denied and pointed to filing a separate suit.
“plaintiff has offered no reason why justice requires that he be permitted to amend his complaint now, after two years have passed. Plaintiff is reminded he may file a complaint bringing any new, timely claims in a separate lawsuit.”
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 = 4 |
Granted in part: 1Denied: 1Moot / procedural: 2 | counts only |
| Motions to remand N = 2 |
Granted: 1Denied: 1 | counts only |
| Motion for sanctions N = 2 |
Granted: 1Denied: 1 | counts only |
| Motions to stay N = 2 |
Granted in part: 1Denied: 1 | counts only |
| Motion to amend case management order N = 1 |
Denied: 1 | counts only |
| Motion to appoint counsel N = 1 |
Denied: 1 | counts only |
| Motion for leave to amend N = 1 |
Denied: 1 | counts only |
| Motion for reconsideration N = 1 |
Denied: 1 | counts only |
| Motion to reopen N = 1 |
Denied: 1 | counts only |
| Default judgment N = 1 |
Denied: 1 | counts only |
| Motion for leave to file N = 1 |
Granted: 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.
“Plaintiff’s motion to remand is granted. Defendant Lutes and Winfrey’s motion to dismiss is denied as moot.”
“Defendant Lutes and Winfrey’s motion to dismiss is denied as moot.”
“IT IS HEREBY ORDERED that plaintiff’s motion for default judgment (ECF #12) is DENIED and defendant’s second motion for leave to file answer out of time (ECF #17) is GRANTED.”
“IT IS HEREBY ORDERED that plaintiff’s motion for default judgment (ECF #12) is DENIED and defendant’s second motion for leave to file answer out of time (ECF #17) is GRANTED.”
“IT IS FURTHER ORDERED that defendant SAP America, Inc.’s motion to dismiss count I of the first amended complaint (ECF #18) is DENIED.”
“IT IS HEREBY ORDERED that defendant SAP America, Inc.’s motion to dismiss (ECF# 8) is denied as moot.”
“IT IS HEREBY ORDERED that defendants’ motion to dismiss for lack of personal jurisdiction (#4) is GRANTED. The claims of all plaintiffs other than Annette Covington are dismissed without prejudice for lack of personal jurisdiction. IT IS FURTHER ORDERED that defendants’ motion to dismiss for failure to state a claim upon which relief can be granted (#4) is DENIED.”
“IT IS FURTHER ORDERED that plaintiffs’ motion to remand (#14) is DENIED.”
“IT IS FINALLY ORDERED that plaintiffs’ motion to stay or motion for leave to conduct jurisdictional discovery (#16) is DENIED.”
“IT IS HEREBY ORDERED that plaintiff’s motion to appoint counsel (#32) is DENIED.”
“IT IS FURTHER ORDERED that plaintiff’s motion for documents and to stay discovery (#33) is GRANTED in part and DENIED in part.”
“IT IS FURTHER ORDERED that defendants’ motion for sanctions (#34) is DENIED at this time.”
“IT IS FURTHER ORDERED that plaintiffs’ motion to amend complaint (#36) is DENIED.”
“IT IS HEREBY ORDERED that plaintiff’s motion to reconsider (#33) is DENIED.”
“IT IS HEREBY ORDERED that defendants’ motion for sanctions and request for extension of the summary judgment deadline by defendants (#39) is GRANTED. Defendants are awarded attorneys fees expended in their effort to obtain plaintiff’s deposition.”
“IT IS FURTHERED ORDERED that plaintiff’s motions to amend the case management order (#40, #43) are DENIED.”
“IT IS HEREBY ORDERED that Plaintiff’s Motion to Reopen Case [ECF No. 21] is DENIED.”