Christine P. O'Hearn
How Judge O'Hearn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Decides employment-retaliation cases (CEPA / Pierce) on the McDonnell Douglas burden-shifting framework and will grant summary judgment at the causation/pretext stage: a roughly four-month gap between protected activity and termination is too remote to infer causation on temporal proximity alone, and a single stray supervisor remark is not a 'pattern of antagonism.'
“This nearly four-month gap is far too long to support a prima facie case without more.”
Enforces Article III standing as a threshold bar in data-breach class actions: not every data breach is an injury in fact, especially where the exposed information is already public or not sensitive enough to enable identity theft, and plaintiffs must plausibly link the breach to a concrete harm.
“not every data breach results in an injury especially, here, when much of the information stolen is already public and/or not sensitive enough to give rise to identity theft.”
Procedural preferences
Treats striking a pleading or dismissal as a sanction of last resort, applying the six Poulis factors and refusing to strike where prejudice is unclear (e.g. the adversary has equal access to the withheld documents) and discovery has not closed.
“Dismissal is a harsh remedy and should be reserved for only the most extreme cases, as the policy of the law is to favor the hearing of a litigant's claim on the merits.”
Will not enter summary judgment in the alternative while discovery has been stayed or remains open; the proper course is to refile the SJ motion at the close of all discovery.
“complete discovery has not yet closed and for this reason, Defendant's request for an entry of summary judgment is premature. Defendant may refile its motion for summary judgment at the close of all discovery.”
Cautions
After repeated failed amendments she will dismiss with prejudice rather than grant further leave -- 'three bites at the apple is enough' -- particularly where an Article III standing defect has been identified before and not cured.
“Given the fact that Plaintiffs have already amended the Complaint four times... Defendant's Motion to Dismiss is granted and the dismissal is with prejudice.”
Applies the PLRA's exhaustion requirement strictly with no equitable exceptions: an inmate who never filed a grievance has not exhausted unless the administrative remedy was genuinely 'unavailable' under Ross v. Blake.
“both the Supreme Court and [the Third Circuit] have rejected judge-made exceptions to the PLRA.”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Summary judgment N = 4 |
Granted: 3Denied: 1 | counts only |
| Motions to strike N = 3 |
Denied: 2Moot / procedural: 1 | counts only |
| Motions to dismiss N = 2 |
Granted: 1Moot / procedural: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant's Motion for Summary Judgment, (ECF No. 40), is GRANTED.”
“Defendants' Motion to Dismiss, or in the Alternative, for Summary Judgment, (ECF No. 145), is GRANTED as to summary judgment.”
“Lead Plaintiffs' Motion to Strike Extrinsic Evidence or in the Alternative Defer or Deny Defendants' Motion Without Prejudice, (ECF No. 152), is DENIED”
“the Court will grant Defendant's motion for summary judgment and deny his motion to dismiss as moot.”
“the Court will grant Defendant's motion for summary judgment and deny his motion to dismiss as moot.”
“Defendant's Motion to Dismiss is GRANTED. (ECF No. 161). Plaintiffs' Fourth Amended Consolidated Complaint is dismissed with prejudice.”
“Defendant's Motion to Strike Class Allegations is DENIED as moot. (ECF. No. 163).”
“the failure to do so in this case does not warrant such a severe sanction as striking the entire Complaint at this time and on this record... Defendant's Motion to Strike the Complaint is denied.”
“complete discovery has not yet closed and for this reason, Defendant's request for an entry of summary judgment is premature. Defendant may refile its motion for summary judgment at the close of all discovery.”