James E. Gates

How Judge Gates rules, drawn from 21 signed orders. Every observation links to the order it came from.

Court
U.S. District Court, Eastern District of North Carolina (Raleigh)
Position
Magistrate judge
Education
Ursinus College, B.A. summa cum laude, 1977; Georgetown University, J.D., 1981; Georgetown University, M.S. in Foreign Service, 1985
Signed orders read
21

About Judge Gates

James E. Gates took office as a United States Magistrate Judge for the Eastern District of North Carolina in January 2006. He retired from full-time service in April 2020 and continues to serve part time on recall. Before joining the court, he practiced business litigation in Raleigh and clerked for United States District Judge Frank W. Bullock Jr.

Judge Gates's practices and standing orders

Rules for cases before Judge Gates, 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

Filing

Documents of at least 20 pages require a stapled, three-hole-punched courtesy copy.

“The filer shall provide a courtesy copy of all documents containing twenty (20) or more pages, including attachments or exhibits. All courtesy copies should be stapled and three-hole punched.”

Filing

The Commissioner must file a searchable administrative record in covered Social Security appeals before Judge Gates.

“The Commiss ioner shall file a text-searchable copy of the administr ative record in every Social Security appeal,”

Filing

Government penalty sheets in criminal cases before Judge Gates must cite the statutory basis for each listed penalty.

“the penalty sheets submitted by the USAO shall state for each penalty listed, including but not limited to the term of imprisonment, fine, period of supervised release, and period of imprisonment upon revocation of supervised release, the specific statutory provisions (including all applicable subparts) authorizing such penalty.”

Motions

In covered misdemeanor cases, more than six continuances require a showing of exceptional circumstances at a hearing.

“No more than six continuances will be allowed a defendant without the defendant's counsel or, if pro se, the defendant personally demonstrating to the court's satisfaction at a hearing that exceptional circumstances warrant a further continuance.”

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 Gates decides

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

What persuades

In North Carolina Right to Life Political Action Committee v. Leake, Gates calculated a Section 1988 fee award using reasonable hours and rates. He reduced the request where plaintiffs had not shown that work in the earlier Jackson litigation was necessary to the successful case.

“The lodestar amount is determined by multiplying the number of reasonable hours by a reasonable rate. ... The court must exclude from the fees allowed any hours which are 'excessive, redundant, or otherwise unnecessary.'”

In Martin v. Bimbo Foods Bakeries Distribution, Gates granted a motion to compel and denied a protective order after the defendant failed to justify its discovery objections or show undue burden from a corporate deposition.

“The party resisting discovery bears the burden of establishing the legitimacy of its objections.”

Procedural preferences

In United States ex rel. Hendrickson Mechanical Services, Inc. v. Tyler Construction Group, Inc., Gates rejected the plaintiff’s claim that a statement in the defendants’ brief established liability at summary judgment. Counsel’s statement in a brief was not evidence.

“a concession by counsel in a brief does not amount to evidence sufficient to support or oppose a summary judgment motion.”

In United States ex rel. Hendrickson Mechanical Services, Inc. v. Tyler Construction Group, Inc., Gates denied the plaintiff’s summary judgment motion because its criticism of the defendants’ delay evidence did not establish the absence of a genuine factual dispute.

“Hendrickson's criticisms, though, are not a substitute for the showing, it had the burden of making, that there are no disputes of material fact.”

Cautions

Preserve evidence once litigation is foreseeable. Continuing to destroy plainly relevant documents under a routine retention policy, without a litigation hold, exposes a party to spoliation sanctions including an adverse-inference instruction.

“once a party reasonably anticipates litigation, it must suspend its routine document retention/destruction policy and put in place a 'litigation hold' to ensure the preservation of relevant documents.”

Signed rulings

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

United States ex rel. Hendrickson Mechanical Services, Inc. v. Tyler Construction Group, Inc.
5:14-cv-00778-JG · 2016-09-30
Summary judgment (plaintiff) Denied

“Hendrickson has thus failed to show with respect to any of its claims or Tyler's counterclaim that there are no genuine disputes of material fact and that it is entitled to judgment as a matter of law. Hendrickson's motion for summary judgment must therefore be denied in its entirety.”

North Carolina Right to Life Political Action Committee v. Leake
· 2013-03-29
Attorney fees (plaintiff) Granted in part

“For the reasons set forth below, the motion will be allowed in the amount of $52,426.91.”

Powell v. Town of Sharpsburg
· 2008-11-25
Sanctions (plaintiff) Granted

“the court finds that the sanction of an adverse inference instruction to the jury is warranted, subject to the ultimate authority of the presiding judge over trial proceedings.”

Martin v. Bimbo Foods Bakeries Distribution, LLC
· 2016-02-18
Motions to compel (plaintiff) Granted

“For the reasons set forth below, the motion to compel will be allowed and motion for protective order will be denied.”

Protective order (defendant) Denied
Harris-Rogers v. Ferguson Enterprises
5:09-CV-78-JG · 2011-09-26
Summary judgment (defendant) Granted

“Defendants' motion for summary judgment is therefore GRANTED, and the court directs that judgment be entered DISMISSING this case with prejudice.”

Hedrick v. Southern States Cooperative, Inc.
4:10-CV-12-JG · 2010-09-30
Motions to dismiss (defendant) Granted

“For the reasons set forth below, defendants' motion to dismiss will be allowed, and plaintiff's motion to amend will be denied.”

Motion to amend (plaintiff) Denied
SilverDeer St. John Equity Partners I LLC v. Kopelman
5:11-CV-95-JG · 2012-09-24
Summary judgment (plaintiff) Granted in part

“it is ORDERED that plaintiff's summary judgment motion (D.E. 48) as to defendant Diana Kopelman is ALLOWED and as to defendant Mark Kopelman is denied without prejudice.”

Motions to strike (plaintiff) Denied

“Plaintiff's motion to strike (D.E. 54) as to defendant Diana Kopelman is DENIED AS MOOT and as to defendant Mark Kopelman is denied without prejudice.”

C.H., a minor v. United States
5:11-CV-364-F · 2013-05-13
Motions to compel (plaintiff) Denied

“For the foregoing reasons, plaintiffs' motion to compel (D.E. 24) is DENIED.”

Mobley v. Colvin
7:14-CV-197-JG · 2016-04-13
Social security appeal (plaintiff) Granted

“Here, by order entered 12 January 2016 (D.E. 30), the court allowed plaintiff's motion for judgment on the pleadings (D.E. 26) and remanded this case for further administrative proceedings pursuant to sentence four of 42 U.S.C. Section 405(g).”

Attorney fees (plaintiff) Granted

“It is therefore ORDERED that: 1. The Commissioner shall pay $5,500.00 in attorney's fees associated with this case in full satisfaction of any and all claims arising under the EAJA.”

United States v. Sharrock
5:13-MC-67-JG · 2014-07-31
Motion to quash (United States) Granted

“IT IS THEREFORE ORDERED that the motion by the United States to quash (D.E. 43) is ALLOWED and the subpoena is QUASHED.”

Goins v. Colvin
7:15-CV-71-JG · 2016-09-27
Social security appeal (plaintiff claimant) Denied

“plaintiffs motion (D.E. 17) for judgment on the pleadings be DENIED, and the Commissioner's final decision be AFFIRMED.”

Overstreet v. Astrue
4:11-CV-58-JG · 2012-09-21
Social security appeal (plaintiff claimant) Denied

“plaintiff’s motion will be denied, and the final decision of the Commissioner will be affirmed.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 481 days (N = 5).

Median motion-to-ruling time: 168 days (N = 2).

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 years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202500
Mar 202500
Sep 202400
Mar 202400
Sep 202300
Mar 202300
Sep 202200
Mar 202200
Sep 202100
Mar 202100
Sep 202000

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, Eastern District of North Carolina (Raleigh), not for Judge Gates: 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 closed1,1308.3 months
Closed with no court action6408.1 months
Closed before pretrial4868.3 months
Closed during or after pretrial2not reported
Closed during trial2not reported
12 months endingCases closedMedian time
Sep 20251,1308.3 months
Sep 20241,0937.1 months
Sep 20239679 months
Sep 202288411.6 months
Sep 202186410.5 months
Sep 20208028.8 months
Sep 20199509.4 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).

Draft for Judge Gates with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Gates, and what has not, cited to the signed orders.

Opens in Ezel Pro.

  • Grounded in Judge Gates's own signed orders
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace