James B. Clark III
How Judge Clark 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.”
Procedural preferences
On wage-and-hour collective and class settlements he conducts a genuine fairness review before approving: he holds a fairness hearing, tests the deal against the Third Circuit's Girsh v. Jepson factors and the FLSA's Section 216(b) standard, and -- before awarding attorneys' fees -- cross-checks the requested fee against counsel's lodestar and billing records rather than rubber-stamping a percentage.
“Having reviewed the appropriate case law and Plaintiff's Counsel's billing records, and having conducted a cross-check with counsel's lodestar calculation, and with no objection from Defendants or any Collective Member, the Court finds that Plaintiff's Counsel's application for attorneys' fees in the amount of $12,747.59, apportioned from the settlement funds, is fair and reasonable and is granted.”
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”
“ORDERED that Magistrate Judge Clark's June 9, 2022 R&R (ECF No. 55), is adopted as the conclusions of law of this Court and that Defendant Anthony Brullo's Motion to dismiss Plaintiff's Amended Complaint (ECF No. 41) is GRANTED and Plaintiff's claims are dismissed WITH PREJUDICE.”
“ORDER ADOPTING REPORT AND RECOMMENDATIONS denying [Motion to Dismiss/Lack of Jurisdiction] filed by GLYCOBIOSCIENCES INC., [Report and Recommendations]. Signed by Judge Susan D. Wigenton on 9/14/17.”
“This Court adopts Judge Clark's Report and Recommendation that Plaintiffs' motion be denied.”
“the Court recommends that Khubani's Motion to Dismiss be granted and the Motion to Strike be denied. ... ORDER ADOPTING REPORT AND RECOMMENDATIONS for [74] Report and Recommendations. Signed by Judge Faith S. Hochberg on 7/1/14.”
“The Court thus recommends a balance between the two. The material is pertinent to the case and should not be stricken. ... RECOMMENDED that Khubani's Motion to Strike the Complaint under R. 12(f) be DENIED.”
“ORDERED that this Court adopts Judge Clark's January 22, 2024 Report and Recommendation (ECF No. 117); and it is further ORDERED Plaintiff's Second Amended Complaint (ECF No. 60) is hereby dismissed with prejudice.”
“ORDER ADOPTING REPORT AND RECOMMENDATIONS granting [32] Report and Recommendations enforcing settlement and for a judgment against defendant. Ordered that Plaintiff recover a Judgment against Defendant in the amount of $131,207.07 less credits for payments received of $46,207.07, in the sum of $85,000, plus statutory interest.”
“ORDERED that Defendants' motion for leave to file a Second Amended Answer and Counterclaim [Dkt. No. 143] is DENIED”
“ORDERED that Defendants' application to compel the production of documents related to the financial condition of the LLC which post-date the filing of the Complaint [Dkt. No. 178] is GRANTED in part and DENIED in part; and it is further ORDERED that within fourteen (14) days from the date of this Order, Plaintiff shall provide Defendants with documents showing any and all rent paid to the LLC by the Coffee Business subsequent to the filing of the Complaint.”
Put Judge Clark's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Clark actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Clark's own signed orders and cites them.