Mary Little Cooper
How Judge Cooper 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 remand, a defendant invoking fraudulent joinder to defeat the forum-defendant rule bears a 'heavy burden of persuasion' - the analysis is LESS searching than a 12(b)(6) inquiry, and a non-diverse defendant is properly joined if there is 'even a possibility' a state court would find the complaint states a claim against it. The NJ Consumer Fraud Act imposes individual liability on corporate employees who participate in the unlawful conduct, so naming resident employees is not fraudulent.
“For a defendant to be found to be fraudulently joined, the claims asserted against that defendant must be 'wholly insubstantial and frivolous' ... the defendants have not met the heavy burden of persuasion required to show fraudulent joinder”
Procedural preferences
Entry of judgment by default is 'strongly disfavored.' On a Rule 55(c)/55(b)(2) posture she weighs the Farnese factors (prejudice to plaintiff, meritorious defense, willful/bad-faith default) in the defendant's favor, sets aside the default, and denies default judgment without prejudice - steering the plaintiff toward a merits vehicle like summary judgment instead.
“the entry of judgment by default is strongly disfavored ... defendant's failure to answer or otherwise respond to the complaint within the set time frame was not willful or in bad faith”
Treats a motion to dismiss the original complaint as mooted when the plaintiff timely amends as of right under Rule 15(a)(1)(B) (within 21 days of the Rule 12(b) motion); the amended pleading 'supersedes the original version,' and the MTD is denied without prejudice to re-move against the amended complaint.
“The filing of the Amended Complaint mooted Defendant's motion to dismiss the original Complaint ... we will deny the motion without prejudice”
Cautions
Construes pro se complaints liberally (Haines), but dismisses an incomprehensible complaint that gives no fair notice of the claims under Twombly, and denies leave to amend where amendment would be futile (Alston v. Parker) - i.e. dismissal with prejudice. An unopposed dispositive motion is still tested on the merits (Anchorage Assocs.): not automatically granted, but granted where the movant is entitled to judgment as a matter of law.
“the Complaint is incomprehensible and contains no discernible factual allegations or legal theories ... the Court further finding that amendment of the Complaint would be futile”
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.
| Motions to dismiss N = 5 |
Granted: 2Denied: 1Moot / procedural: 2 | counts only |
| Summary judgment N = 1 |
Granted: 1 | counts only |
| Motions to remand N = 1 |
Granted: 1 | counts only |
| Default judgment N = 1 |
Denied: 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 thus intending to grant the separate motions and dismiss the Complaint for failure to state a claim ... the Court further finding that amendment of the Complaint would be futile”
“THE COURT thus intending to grant the separate motions and dismiss the Complaint for failure to state a claim upon which relief can be granted”
“The Court will grant summary judgment in favor of Defendants because Plaintiff fails to provide evidence that: (1) he worked in the state of New Jersey; or (2) MLN conducted business in the state of New Jersey sufficient to satisfy the definition of '[e]mployer' under the WPL.”
“the motion under Federal Rule of Civil Procedure 55(b)(2) for entry of judgment by default (dkt. entry no. 7) is DENIED WITHOUT PREJUDICE”
“the cross motion to dismiss the complaint pursuant to Federal Rule of Civil Procedure 12(b)(6) (dkt. entry no. 11) is DENIED”
“Because Defendant's motion to dismiss the original Complaint is now moot, we will deny the motion without prejudice.”
“the defendants have not met the heavy burden of persuasion required to show fraudulent joinder. This Court lacks jurisdiction here. ... The Court will grant the motion to remand”
“The Court will grant the motion to remand, deny without prejudice the cross motion to dismiss and consolidate, and remand the action.”