Rosemary Gambardella
How Judge Gambardella rules, drawn from 15 signed orders. Every observation links to the order it came from.
Judge Gambardella no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gambardella decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Pleading-stage claims survived when the allegations plausibly supported a recognized theory, without requiring proof that the claimant would ultimately prevail.
“The issue is not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.”
Procedural preferences
When leave was granted to pursue a fraudulent-transfer theory, the court imposed a thirty-day deadline for filing the adversary complaint.
“The Committee shall file its adversary complaint within thirty (30) days from the date of this decision.”
Cautions
A liability ruling did not determine the final recovery where damages, interest, costs, and fees still required additional hearings.
“The exact amount of damages, including the imposition of pre-judgment interest, costs and fees, shall abide further hearings.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, Plaintiffs Motion for Summary Judgment is DENIED on all Counts.”
“For the foregoing reasons, the Debtors’ motion is granted in part and denied in part.”
“Accordingly, the motion to dismiss Count IV is denied.”
“Accordingly, the Motion to Dismiss Count V is denied.”
“Accordingly, the Motion to Dismiss Count VI is denied.”
“For the reasons set forth above, the Court denies the motions for dismissal of Count VII.”
“Based upon the foregoing, the Committee’s motion for an order directing that BMCA pay into escrow pending the final adjudication of the merits of this adversary proceeding the $150 million due on July 15, 2005 to the holders of the 2005 Notes is hereby denied.”
“Based on the foregoing analysis, this Court shall grant the Committee leave to file an adversary proceeding challenging the 1994 Pushdown transaction on behalf of G-I Holdings asserting a fraudulent conveyance claim premised on actual fraud pursuant to § 544(b) of the Code and N.J.S.A. 25:2-25a against BMCA, BNY and the Noteholders.”
“Consequently, this Court concludes that the Committee has failed to present a col-orable claim at this time with respect to the Securitization transaction, and will deny the Committee’s request to file an adversary proceeding on behalf of G-I Holdings challenging this transaction.”
“Accordingly, the Trustee’s Motion to Affirm the Trustee’s Claim Determination on a claim filed by Ms. Josephs is GRANTED”
“Ms. Josephs’ assertion of a late SIPA customer claim is DENIED.”
“For the foregoing reasons, Congress’ Motion to Dismiss is GRANTED in part and DENIED in part.”
“For the reasons set forth below, the Legal Representative’s Motion is granted.”
“For the foregoing reasons, Mulvihill’s motion for Summary Judgment is hereby DENIED.”
“the Court DENIES Defendant Alan P. Halpert’s Motion to Dismiss the causes of actions in Trustee’s Complaint As To Him in regards to all counts of the Trustee’s Complaint”
“GRANTS the Trustee’s Motion to Amend the First Amended Complaint.”
“Accordingly, the Professionals’ motion, and Drinker Biddle & Shanley’s cross-motion to surcharge secured creditors for fees and expenses pursuant to 11 U.S.C. § 506(c) are DENIED.”
“Plaintiffs Motion for Partial Summary Judgment as against defendant Schwartz on the Sixth Count of the Complaint is hereby DENIED on the FCI Guaranty.”
“The motion is hereby GRANTED as against defendant Schwartz on the FCS Guaranty as to liability, on the principal amount of $4.8 million representing advances made by FedFunds to FCS under the Receivables Agreement.”
Caseload & timing
From public federal docket records for this judge.
No case-duration or motion-timing estimate is reported because the sampled matters contained no archived docket entries.
A historical record
Judge Gambardella 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.