Esther Salas
How Judge Salas rules, drawn from 13 signed orders. Every observation links to the order it came from.
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.'”
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.”
“Plaintiff's Appeal (D.E. No. 65) is DENIED”
“Defendants' unopposed Motion (D.E. No. 59) is GRANTED. Moreover, because the June 13 Opinion provided Plaintiff with ‘a final opportunity’ to amend ..., the Court DISMISSES the entirety of Plaintiff's SAC with prejudice.”
“Plaintiff's Motion (D.E. No. 79) is GRANTED.”
“Plaintiff's Motion-whether brought under Rule 59(e) or 60(b)-is DENIED.”
“Defendant's Motions to Dismiss the Complaint and for Sanctions are DENIED.”
“Defendant's motion for sanctions, (D.E. No. 53), is likewise DENIED as moot”
“The Court will therefore GRANT the Motion and provide that relief.”
“For the foregoing reasons, the Franchisee Defendants’ motions to dismiss are GRANTED IN PART and DENIED IN PART.”
“In light of this transfer, the Court does not address the merits of the Wyndham Defendants’ motion to dismiss under Rule 12(b)(6). The Wyndham Defendants may re-file that application, post-transfer, at the direction of the Western District of Texas.”
“For the reasons stated above, the Court GRANTS the CFG Motion to Dismiss and DENIES the County Defendants’ Motion to Dismiss. Count Five in Plaintiff’s Amended Complaint is DISMISSED with prejudice.”
“For the reasons stated above, the Court GRANTS the CFG Motion to Dismiss and DENIES the County Defendants’ Motion to Dismiss.”
“For all of these reasons, Plaintiffs’ Motion (D.E. No. 45) is DENIED.”
Draft for Judge Salas with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Salas, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Salas's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace