Joseph Anthony DiClerico Jr.

How Judge DiClerico rules, drawn from 20 signed orders. Every observation links to the order it came from.

Judge DiClerico no longer hears cases. This profile is preserved as a historical record of how they ruled here.

Court
United States District Court for the District of New Hampshire
Position
District judge
Status
Deceased
Served
1992–2022
Appointed by
George H. W. Bush (Republican)
Commissioned
August 17, 1992
Education
Williams College, B.A., 1963; Yale Law School, LL.B., 1966
Signed orders read
20

About Judge DiClerico

Joseph A. DiClerico, Jr. was a judge of the United States District Court for the District of New Hampshire. Appointed by President George H.W. Bush, Judge DiClerico received a commission on August 17, 1992. Judge DiClerico assumed senior status on March 15, 2007 and served until death on April 2, 2022.

How Judge DiClerico decides

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

What persuades

DiClerico declined to import a shorter limitation period into an employee-protection statute when the legislature had not included one.

“This court declines to read a limitation period into the statute that the legislature did not include and that would not comply with the stated purpose of the statute.”

DiClerico required the government to substantiate tax calculations rather than relying on unexplained totals.

“The lack of specificity and the government’s demonstrated miscalculations prevent summary judgment as to the total amounts claimed.”

Procedural preferences

DiClerico required administrative decisions to identify the evidentiary basis for rejecting medical-source limitations.

“the decision to deny benefits is not supported by substantial evidence.”

In Gorski v. Department of Corrections, DiClerico set aside an entry of default to permit a merits decision and required the defendant to pay the plaintiff's reasonable response fees.

“the court exercises its discretion to set aside entry of default.”

DiClerico treated reconsideration as narrow relief, not an opportunity to supply arguments or facts omitted from the original motion.

“motion for reconsideration is not the venue to undo procedural snafus or permit a party to advance arguments it should have developed [before the court issued its order].”

Cautions

DiClerico enforced statutory standing according to the persons expressly granted a cause of action.

“the plaintiffs lack standing to bring suit under § 4852d(b)(3)”

Signed rulings

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

United States v. DeLeon
· 2007-01-05
Motion for bill of particulars (defendant Danilo DeLeon) Denied

“DeLeon’s motion for a bill of particulars (document no. 45) is denied without prejudice.”

Mason v. Morrisette
· 2004-05-26
Motions to dismiss (defendant James Morrisette) Granted

“are granted as to the plaintiffs’ federal claims, and the remaining state law claims are dismissed without prejudice for lack of subject matter jurisdiction.”

Motions to dismiss (defendant Joseph M. Griffiths) Granted
Urological Surgery Professional Ass'n v. Fecteau Benefits Group, Inc.
· 2005-03-02
Motions to dismiss (defendant Fecteau Benefits Group, Inc.) Granted

“The defendants’ motions to dismiss (documents no. 6 and 17) are granted.”

Motions to dismiss (defendant William Mann Company) Granted
Motion to consolidate (plaintiffs) Moot / procedural

“The plaintiffs motion to consolidate (document no. 13) is terminated as moot.”

Gras v. Smith (In re Global Environmental Solutions, Ltd.)
· 2006-03-17
Bankruptcy appeal (appellant Seaton Gras) Denied

“the bankruptcy court’s decision approving the trustee’s objections to creditors’ claims is affirmed.”

Scacchi v. Dycom Industries, Inc.
· 2004-01-09
Motions to dismiss (defendants) Granted in part

“the defendants’ motion to dismiss (document no. 18) is granted as to the Equal Pay Act claim in Count II of the plaintiffs amended complaint but is denied as to the unpaid wages claim in Count IV.”

Goodman v. Williams
· 2003-02-06
Motions to dismiss (defendants Mark and Catherine Williams) Denied

“the defendants’ motion to dismiss (document no. 11) is denied.”

United States v. Aivalikles
· 2003-01-09
Summary judgment (United States) Granted in part

“the plaintiffs motion for summary judgment (document no. 7) is granted in part and denied in part as is more fully explained in this order.”

United States v. Santana
· 2002-09-06
Motion to suppress (defendant Nelson Santana) Denied

“the defendant’s motion to suppress (document no. 28) is denied.”

Mueller Co. v. United States Pipe & Foundry Co.
· 2005-01-10
Objection to magistrate order (plaintiffs) Denied

“the court approves the magistrate’s order denying Mueller’s motion for reconsideration, over Mueller’s objection (document no. 82).”

Hynes v. Barnhart
· 2004-01-22
Motion to reverse administrative decision (plaintiff Charles P. Hynes) Granted

“the plaintiffs motion to reverse (document no. 8) is granted.”

Motion to affirm administrative decision (Commissioner of Social Security) Denied

“The defendant’s motion to affirm (document no. 10) is denied.”

Jackling v. Internal Revenue Service
· 2004-11-23
Motion to affirm agency determination (Internal Revenue Service) Granted

“collection action against Jaekling (document no. 15) is GRANTED.”

Smith v. Stilphen
· 2004-11-17
Motions to dismiss (defendant Janet G. Stilphen) Granted

“Stilphen’s motion to dismiss (document no. 7) is GRANTED.”

Caseload & timing

From public federal docket records for this judge.

  • The earliest post-commission slice includes five prisoner civil-rights cases, two negotiable-instrument matters, two other statutory actions, and individual insurance, contract, foreclosure, tax, environmental, ERISA, Freedom of Information Act, bankruptcy, and other civil matters.
  • The twenty cases had a median duration of about 87 days, but this narrow first-six-week intake is not representative of DiClerico's thirty-year tenure.

Pending matters in the official report

Judge DiClerico was last listed in the Civil Justice Reform Act report as of March 31, 2022.

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 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.

A historical record

Judge DiClerico no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.