James B. Clark III
How Judge III decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a motion to add a non-diverse defendant that would destroy diversity and force remand, he applies the Hensgens / 28 U.S.C. 1447(e) four-factor equitable test and will recommend the amendment + remand where the joinder is a genuine good-faith claim rather than a jurisdiction-defeating tactic (purpose, dilatoriness, prejudice, equities).
“Accordingly, Plaintiffs' motion to amend is GRANTED and this matter shall be REMANDED to the New Jersey Superior Court, Bergen County.”
On preliminary-injunction requests he applies the Winter four-factor standard strictly and treats the irreparable-harm prong as decisive: a movant who shows a reasonable probability of success but cannot show irreparable harm (e.g. a money/fee dispute, no criminal exposure, not near trial) gets the injunction denied.
“Judge Clark determined that while the Employee Defendants could show a reasonable probability of success on the merits, the Employee Defendants could not make the requisite showing of irreparable harm.”
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.
| Motion to amend N = 2 |
Granted: 2 | counts only |
| Motions to remand N = 1 |
Granted: 1 | counts only |
| Preliminary injunction N = 1 |
Denied: 1 | counts only |
| Sua sponte dismissal N = 1 |
Granted: 1 | counts only |
| Involuntary dismissal failure to prosecute N = 1 |
Granted: 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.
“the Court adopts the R&R in part and modifies the R&R in part. The modifications do not alter Judge Clark's overall recommendations. Accordingly, Plaintiffs' motion to amend is GRANTED and this matter shall be REMANDED to the New Jersey Superior Court, Bergen County.”
“recommending that Plaintiff Joseph Leniart's ... motion to remand the pending action to the Superior Court of New Jersey, Law Division, Union County (D.E. 3) be granted. ... ORDERED that the R&R of Judge Clark (D.E. 6) is ADOPTED as the conclusions of law of this Court.”
“ORDERED that the Employee Defendants' application for leave to file their Crossclaim is GRANTED”
“the Employee Defendants could not make the requisite showing of irreparable harm. ... ORDERED that the Employee Defendants' request for an entry of a preliminary injunction is DENIED.”
“ORDERED that the R&R (ECF No. 101) is hereby adopted in full; and it is further ORDERED that this action is dismissed without prejudice; and it is further ORDERED that, given Plaintiff is proceeding pro se, Plaintiff may file an amended complaint”
“ORDERED that Judge Clark's unopposed R&R (D.E. No. 11) is ADOPTED in full; and it is further ORDERED that all of Plaintiff's claims in this matter are DISMISSED with prejudice”