Kevin McNulty
Judge McNulty no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McNulty decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Grants a defendant's summary judgment on a merit-examined record even where unopposed, and affords no special consideration to a law-trained pro se litigant.
“the motion (DE 49) of defendant Home Depot for summary judgment is GRANTED in its entirety. The clerk shall close the file.”
Procedural preferences
Decides a motion to remand before a motion to sever (remand is logically antecedent), and withholds section 1447(c) fees where a defective removal was not sufficiently egregious.
“the motion to remand is GRANTED, but the request for attorneys' fees is DENIED, and the cross-motion to sever is DENIED.”
Construes pro se pleadings liberally — denies a Rule 12(b)(6) dismissal where the liberally-read complaint still names the defendant and adequately alleges personal involvement.
“For the foregoing reasons, the Motion to Dismiss (DE 55) will be denied. An appropriate order accompanies this opinion.”
Cautions
Declines Rule 11 sanctions on both sides, protecting good-faith advocacy that challenges longstanding precedent absent a showing of bad faith.
“the motions of the defendants to vacate the court's order of remand and impose sanctions are DENIED, and the plaintiffs' motion for sanctions is DENIED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the motion (DE 49) of defendant Home Depot for summary judgment is GRANTED in its entirety. The clerk shall close the file.”
“the motion to remand is GRANTED, but the request for attorneys' fees is DENIED, and the cross-motion to sever is DENIED.”
“I find that this removal, though rendered procedurally improper by the failure of other defendants to join in, was not sufficiently egregious as to warrant the payment of plaintiffs' attorneys' fees. I therefore deny plaintiffs' fee request.”
“Because I have decided to grant plaintiffs' uncontested motion to remand, I no longer possess jurisdiction to decide Skanska's motion to sever and therefore DENY it as moot, necessarily without prejudice to further proceedings in the Superior Court of New Jersey.”
“For the foregoing reasons, the Motion to Dismiss (DE 55) will be denied. An appropriate order accompanies this opinion.”
“the motions of the defendants to vacate the court's order of remand and impose sanctions are DENIED, and the plaintiffs' motion for sanctions is DENIED.”
“I therefore deny the plaintiffs' motion for sanctions.”
“Defendants cross-move for sanctions against plaintiffs ... I will deny this motion as well. Though I have declined to impose sanctions against defendants, their motion was fairly flimsy”
“ORDERED the motion for default judgment is GRANTED as to Counts One and Four of the Complaint; and it is further ORDERED that Counts Two and Three of the Complaint are dismissed”
A historical record
Judge McNulty no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.