J. Brendan Day
How Judge Day decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On applications for pro bono counsel, he works through the Tabron factors individually rather than granting or denying categorically: a plaintiff who needed hands-on help completing discovery got a limited-purpose appointment, while plaintiffs who had already shown they could competently draft motions, argue orally, and navigate procedure on their own were twice denied without prejudice, even where their underlying claims had merit.
“McGillvary has, at every turn, demonstrated his ability to pursue his claims and advocate for himself. Indeed, he has pursued discovery, generally followed court procedures, made and defended discovery motions, argued orally and competently, filed objections, and generally pursued his case”
On late-filed discovery motions from pro se litigants, he will reopen a closed discovery window for good cause where the delay is modest, the material sought bears directly on a core claim, and the opposing party shows no real prejudice -- but he narrows relief to only what is shown to be necessary, declining to compel cumulative or duplicative material in the same order.
“considering the relevant nature of the requested recordings, the slight burden of production and lack of prejudice to the NJOAG Defendants, and Johnson's pro se status, the Court finds good cause to reopen discovery”
Procedural preferences
On motions to consolidate related cases, he does not treat substantial factual and legal overlap as sufficient by itself -- he separately weighs the practical posture of each case, and will deny consolidation as premature when a pending threshold motion (like a motion to compel arbitration) could change which court, or whether any court, retains the cases.
“the mere existence of common issues does not require consolidation ... Given the present procedural posture of the cases, the Court concludes that consolidation is not appropriate at this time.”
On Rule 11 fee petitions arising from vexatious pro se litigation conduct, he will accept a movant's full lodestar without a mitigating reduction where the record supports the full amount, rather than defaulting to an across-the-board discount.
“ORDERED that defendants' renewed fee petition [Dkt. 80] is GRANTED in its entirety”
Cautions
In Reports and Recommendations on futility-based motions to amend, he will draw on the reasoning of a companion Report and Recommendation in a related, already-adopted sister case rather than writing each one from scratch -- litigants in parallel cases before him should expect consistent treatment of overlapping legal theories.
“the undersigned recommends that M.C.'s motion for leave to file a second amended complaint ... be denied as futile ... and that the case against Princeton now be closed with prejudice”
On civil-contempt certifications against a party that has repeatedly ignored subpoenas and court orders, he does not merely find contempt -- he pairs it with a concrete coercive remedy (a per diem fine and shifted attorney's fees) aimed at compelling compliance rather than simply punishing the violation.
“RECOMMENDED that the Court hold defendant BMG Exterior Renovations LLC ("BMG") in civil contempt; ... RECOMMENDED that the Court also order BMG to pay to plaintiff attorneys' fees in the amount of $5,000.00.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that Elfar's motion to amend [Dkt. 44] is GRANTED; and it is further ORDERED that Elfar shall file his second amended complaint within five (5) business days of the date of this Order.”
“ORDERED that defendants' renewed fee petition [Dkt. 80] is GRANTED in its entirety; and it is further ORDERED that plaintiffs shall pay, jointly and severally, defendants' attorneys' fees and costs in the amount of $110,643.86.”
“ORDERED that Johnson's motions for the appointment of pro bono counsel [Dkts. 27, 35] are DENIED without prejudice and may be refiled if any of his claims remain after the Court decides the pending motion to dismiss [Dkt. 45].”
“ORDERED that the Court requests an attorney pursuant to 28 U.S.C. Section 1915(e)(1) to represent Kille pro bono for the limited purpose of assisting Kille with completing discovery”
“ORDERED that Newsom's request for permission to file a motion to dismiss pursuant to Rule 37 is DENIED as moot.”
“the undersigned recommends that M.C.'s motion for leave to file a second amended complaint, [Dkts. 62, 74], be denied as futile ... and that the case against Princeton now be closed with prejudice.”
District Judge Robert Kirsch's order adopting Magistrate Judge Day's Report and Recommendation on the motion for leave to amend: all claims against Princeton University dismissed with prejudice. Recorded here for the adoption record; not double-counted in the published-opinion stats above.
“RECOMMENDED that the Court hold defendant BMG Exterior Renovations LLC ("BMG") in civil contempt; ... RECOMMENDED that the Court also order BMG to pay to plaintiff attorneys' fees in the amount of $5,000.00.”
District Judge Robert Kirsch's order adopting, in part, the civil-contempt Report and Recommendation: sustaining the contempt finding and the $5,000 attorney's-fee sanction. Recorded here for the adoption record; not double-counted in the published-opinion stats above.
Consolidated three related consumer class actions under Rule 42(a) and appointed interim co-lead class counsel under Rule 23(g)(3), weighing the Rule 23(g)(1) factors. Not a ruling on a contested party motion in the ordinary sense (an uncontested procedural/organizational order), so excluded from the motion-outcome stats.
“ORDERED that Johnson's motion to compel, [Dkt. 82], is GRANTED in part and DENIED in part as follows: No later than November 14, 2025, the NJOAG Defendants shall produce to Johnson copies of the five audio/video recordings ... Johnson's motion is otherwise denied.”
“Before the Court is a motion filed by pro se plaintiff Caleb L. McGillvary for the appointment of pro bono counsel pursuant to 28 U.S.C. Section 1915(e)(1). [Dkt. 147.] For the reasons set forth below, McGillvary's motion is denied without prejudice.”
“Exercising the Court's broad discretion and for the foregoing reasons, the motion to consolidate the May and McGrath cases [Dkt. 66] is DENIED without prejudice.”
Put Judge Day's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Day actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Day's own signed orders and cites them.