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.
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.
“DeLeon’s motion for a bill of particulars (document no. 45) is denied without prejudice.”
“are granted as to the plaintiffs’ federal claims, and the remaining state law claims are dismissed without prejudice for lack of subject matter jurisdiction.”
“The defendants’ motions to dismiss (documents no. 6 and 17) are granted.”
“The plaintiffs motion to consolidate (document no. 13) is terminated as moot.”
“the bankruptcy court’s decision approving the trustee’s objections to creditors’ claims is affirmed.”
“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.”
“the defendants’ motion to dismiss (document no. 11) is denied.”
“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.”
“the defendant’s motion to suppress (document no. 28) is denied.”
“the court approves the magistrate’s order denying Mueller’s motion for reconsideration, over Mueller’s objection (document no. 82).”
“the plaintiffs motion to reverse (document no. 8) is granted.”
“The defendant’s motion to affirm (document no. 10) is denied.”
“collection action against Jaekling (document no. 15) is 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 months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 0 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2022 | 0 | 0 |
| Sep 2021 | 0 | 0 |
| Mar 2021 | 0 | 0 |
| Sep 2020 | 0 | 0 |
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.