Robert Byron Kugler
How Judge Kugler decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a Rule 12(b)(6) motion, distinguishes claims that need only adequate notice pleading (which survive) from claims requiring facts not yet developed. In insurance disputes, lets a NJ bad-faith-denial claim past the pleadings because the 'fairly debatable' standard is fact-bound, while dismissing a Consumer Fraud Act claim that targets only a denial of benefits rather than sale/marketing fraud.
“Because Plaintiff's allegations only relate to the denial of benefits, her claim under the CFA will be dismissed.”
Procedural preferences
Strictly enforces Local Civil Rule 56.1: a summary-judgment motion that omits a proper separate statement of undisputed material facts (with record citations) can be denied on that basis alone, because it is the parties' burden, not the Court's, to find supporting evidence in the record.
“it is not the Court's responsibility to comb the record on behalf of the parties ... the Court declines to comb the record on their behalf. Accordingly, Defendants' motion for summary judgment will be denied.”
Treats summary judgment sought before meaningful discovery as premature: where the non-movant supplies a Rule 56(f)/56(d) affidavit (or an opposition brief identifying the missing evidence), the motion is denied without prejudice rather than decided on an undeveloped record.
“because Plaintiff has not had an opportunity to obtain important relevant evidence through discovery channels, Defendants' motion for summary judgment is premature and will be denied without prejudice.”
Cautions
Rule 12(f) motions to strike are disfavored and available ONLY against pleadings enumerated in Rule 7(a); a motion to strike aimed at an opponent's brief/opposition (or other non-pleading filing) is patently improper and will be denied.
“Rule 12(f) is available only for pleadings, which are listed above, and is unavailable for a party's opposition to a motion ... that Mr. Garrison seeks to strike an opposition letter by Camber is patently improper.”
Reconsideration of an interlocutory order denying summary judgment is governed by Local Civil Rule 7.1(i)'s 14-day deadline (not Rule 59(e)'s 28-day clock, which is for final judgments); miss the 14 days and the motion is untimely. New grounds (e.g. a Rule 60 theory) raised only in a reply brief are waived.
“Because Defendants seek reconsideration of an 'interlocutory order[] denying summary judgment,' rather than reconsideration of a final judgment, the 14-day time limit in Rule 7.1(i) controls.”
Enforces the NJ Affidavit of Merit statute even against pro se litigants: pro se status and attorney inadvertence are not 'extraordinary circumstances,' so a malpractice/negligence claim filed without the affidavit is dismissed (a recurring D.N.J. theme; cf. Chesler).
“Plaintiff's status as a pro se litigant does not excuse him from the procedural requirements of the Statute.”
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 = 3 |
Granted in part: 2Denied: 1 | counts only |
| Summary judgment N = 2 |
Denied: 2 | counts only |
| Motions to strike N = 1 |
Denied: 1 | counts only |
| Motion for reconsideration 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.
“For the foregoing reasons, Defendants' Motion for Summary Judgment is DENIED.”
“For the reasons set forth above, Plaintiff's motion to strike is denied.”
“the Court grants Defendants' motion to dismiss. However, Plaintiff's claims that do not allege negligence remain.”
“For the reasons detailed above, Defendants' Motion for Reconsideration (Doc. 180) is DENIED.”
“For the reasons set forth below, the motions will be denied.”
“Defendants' motion for summary judgment is premature and will be denied without prejudice.”
“Defendant's motion to dismiss the second count of the Complaint is denied. Defendant's motion to dismiss the claims in the third count under the CFA is granted.”