Joseph Anthony DiClerico Jr.
Judge DiClerico no longer hears cases. This profile is preserved as a historical record of how they ruled.
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.”
DiClerico favored resolving cases on their merits when a default caused no undue delay or prejudice, while shifting the resulting expense to the defaulting party.
“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.
A historical record
Judge DiClerico 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.