Gregory P. McGuire
Judge McGuire no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McGuire decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He enforces the filing sequence in the civil rules: a Rule 12(b)(6) motion belongs before the answer, while a Rule 12(c) motion must wait until every defendant's pleading is closed.
“a motion to dismiss for failure to state a claim must be . . . filed prior to an answer.”
On restrictive covenants, he treats a noncompetition clause covering too many activities as facially unenforceable rather than trying to save it through the geographic or duration terms.
“Such extensive restrictions on Emrick’s employment are over broad and unenforceable.”
Procedural preferences
He expects parties to answer requests for admission on time; a four-month delay extending beyond the summary-judgment filing can establish prejudice sufficient to deny withdrawal of the admissions.
“This delay has already prejudiced BHV.”
At summary judgment he distinguishes contextual recitation from fact-finding and limits the discussion to undisputed facts needed to decide the motion.
“The Court does not make findings of fact when ruling upon a motion for summary judgment.”
Cautions
Persistent noncompliance can produce case-ending sanctions: in one insurance dispute he struck answers, entered default judgment, and dismissed counterclaims and crossclaims with prejudice.
“Defendants’ respective Answers to the Complaint (ECF Nos. 13, 14, and 15) are hereby stricken”
He may deny a dismissal motion without reaching the merits when it is filed after the answer or before the pleadings are closed, leaving the movant to use the correct procedural vehicle later.
“Packer Defendants’ Motion is not timely filed and cannot be properly considered by the Court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Except as expressly GRANTED herein, the Motion is DENIED.”
“Stancill’s Counterclaim Count II for Infliction of Emotional Distress is DISMISSED without prejudice.”
“Plaintiff’s Motion to Dismiss is GRANTED.”
“The Court declines to grant the requested sanctions at this time”
“Plaintiffs’ JNOV Motion is DENIED as to both the request for judgment notwithstanding the verdict”
“Plaintiffs’ JNOV Motion is DENIED as to both the request for judgment notwithstanding the verdict and the motion for a new trial.”
“Defendants’ Motion for Fees is DENIED.”
“Respondent’s Motion is GRANTED and the Petition for Judicial Review is DISMISSED without prejudice.”
“Gibstein and COVA’s Motion to Withdraw or Amend Admissions is DENIED.”
“BHV’s Motion for Partial Summary Judgment Against Third-Party Defendants John F. Steel, IV, Edward T. Gibstein, and COVA Capital Partners, LLC is GRANTED.”
“the Motion is DENIED.”
“Defendant’s Motion to Dismiss Plaintiff’s claim for breach of contract is GRANTED, and Plaintiff’s claim is DISMISSED, WITH PREJUDICE.”
“The Motion to Dismiss is DENIED.”
“The Motion for Judgment is DENIED.”
A historical record
Judge McGuire no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.