Cathy L. Waldor
How Judge Waldor rules, drawn from 22 signed orders. Every observation links to the order it came from.
How Judge Waldor decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a Rule 45/Rule 26(b) discovery dispute she applies the established balancing tests and will compel sensitive material when the moving party clears them, e.g. the DeMasi two-part test for income tax returns (relevance + compelling need + otherwise unavailable), but channels disclosure through a confidentiality order to limit intrusion rather than denying outright.
“in the context of a request to compel production of tax returns, a two-part balancing test applies: 'first, the court determines the relevance of the tax returns to the litigation; if the returns are found to be relevant, the court then determines whether there is a compelling need for the tax returns due to the sought after information being otherwise unavailable.'”
On a contested motion to remand she leans hard on the anti-removal presumption: once the federal claims drop out before trial, the Carnegie-Mellon economy/convenience/fairness/comity factors point overwhelmingly toward remand, and a plaintiff's post-removal forum manipulation alone is not enough to keep a purely state-law case in federal court.
“As with remand generally, the presumption in these instances cuts drastically toward declining jurisdiction. ... this is a textbook non-extraordinary case where the relevant factors militate in favor of remand.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons set forth above, the undersigned hereby DENIES Defendants' Motion.”
“For the reasons set forth above, the Court grants Defendants' motion to compel production of Plaintiffs' income tax returns.”
“the Court accepts Judge Waldor's report and recommendation (D.E. 16), and AXA's motion to transfer venue (D.E. 8) is granted.”
“ORDERED that the objections are OVERRULED and this Court ADOPTS Judge Waldor's R&R in full ... ORDERED that this case be REMANDED to the New Jersey Superior Court, Bergen County.”
“Plaintiff responds to Alina's Objection and objects to Judge Waldor's recommendation that the Court deny Plaintiff an award of attorney's fees. ... the objections are OVERRULED and this Court ADOPTS Judge Waldor's R&R in full”
“ORDERED that the Court ADOPTS Judge Waldor's R&R (D.E. No. 12) in full; and it is further ORDERED that NJM's motion to dismiss (D.E. No. 10) is GRANTED; and it is further ORDERED that Plaintiff's Complaint (D.E. No. 1) is DISMISSED for lack of subject matter jurisdiction”
“RESPECTFULLY RECOMMENDED that plaintiff Batya G. Wernick, Esq.'s motion to remand (ECF No. 4) be GRANTED”
“ORDERED that, upon reconsideration, the Government's motion to strike Defendants' jury demand is granted”
“the Court, accordingly, respectfully recommends that the District Judge deny Defendants' request for permission to file an interlocutory appeal.”
“ORDERED that Plaintiffs' motion for disqualification, (ECF No. 117), is DENIED”
“Defendants have failed to defend this matter and, accordingly, the Court respectfully recommends that the District Judge strike the answer and enter default.”
“for the reasons set forth below, the Court recommends that the motion be GRANTED.”
“For the reasons set forth below, the Court recommends that this matter be dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(b).”
“for the reasons set forth below, the Court recommends that the Motion to Remand be GRANTED.”
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