Esther Salas
How Judge Salas decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a factual Rule 12(b)(1) attack the plaintiff bears the burden to establish subject-matter jurisdiction with verified evidence; an unsigned/unverified complaint and unsigned interrogatory responses carry little to no weight.
“Because Liu does not provide any verified evidence to rebut Defendants' factual challenge to the Court's subject-matter jurisdiction over his FLSA claim, he fails to meet his burden of proof.”
Procedural preferences
The mere filing of a dispositive motion is not 'good cause' to stay discovery; the court manages its own docket and will allow class-certification discovery to proceed before deciding a Rule 12(b)(6) motion.
“it is well settled that the mere filing of a dispositive motion does not constitute 'good cause' for the issuance of a discovery stay.”
A plaintiff cannot amend the complaint through its summary-judgment opposition; theories and relief not pleaded (e.g. compensatory relief) are not considered.
“Because Plaintiffs cannot amend their Complaint in opposition to summary judgment, the Court focuses its inquiry on whether the District violated the stay put rule.”
Cautions
Attorney disqualification is a 'hard remedy' the court hesitates to impose except when absolutely necessary, and the movant bears the burden of establishing a Rules-of-Professional-Conduct violation.
“Disqualification is a hard remedy, 'which courts should hesitate to impose except when absolutely necessary.'”
To get the FLSA's 3-year (willful) limitations period, a plaintiff must plead specific facts of willfulness; alleged misclassification or differential recordkeeping sounds in negligence, not willfulness, and the claim is dismissed as time-barred.
“the alleged differences in Defendants' recordkeeping as to Yang and Hsu, without additional factual allegations, do not plausibly reflect an 'indifference toward the requirements imposed by the FLSA.'”
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.
| Motions to dismiss N = 2 |
Granted: 2 | counts only |
| Motion to disqualify counsel N = 1 |
Denied: 1 | counts only |
| Default judgment N = 1 |
Denied: 1 | counts only |
| Summary judgment N = 1 |
Granted: 1 | counts only |
| Judgment on the pleadings N = 1 |
Granted: 1 | counts only |
| Motion for partial summary judgment N = 1 |
Moot / procedural: 1 | counts only |
| Appeal of magistrate order N = 1 |
Denied: 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.
“Plaintiff's motion to disqualify counsel is denied.”
“the Court concludes that Defendants timely responded to the Complaint. Accordingly, Plaintiff's motion for entry of default and default judgment is denied.”
“the Court dismisses the Complaint for improper venue without prejudice.”
“the Court GRANTS the District's motion for summary judgment. (D.E. No. 63).”
“Defendants' appeal is DENIED, and the Magistrate Judge's July 26 Order is AFFIRMED.”
“Defendants' motion for judgment on the pleadings is GRANTED as to Yang and Hsu's FLSA claims. Accordingly, their claims are dismissed, with prejudice, as time-barred under the three-year statute of limitations.”
“Because Liu does not provide any verified evidence to rebut Defendants' factual challenge to the Court's subject-matter jurisdiction over his FLSA claim, he fails to meet his burden of proof... Accordingly, Liu's claim is dismissed... the dismissal is with prejudice.”
“Defendants' motion for partial summary judgment is DENIED as moot.”