Tonianne J. Bongiovanni
How Judge Bongiovanni decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a Rule 15 motion to amend she keeps the inquiry narrow -- futility is measured only against the proposed amendments under the 12(b)(6) standard -- and treats most of the defendant's substantive merits/statute-of-limitations arguments as premature, to be raised by 'substantive dispositive motion' rather than on an opposition to leave to amend.
“To the extent Defendants seek to challenge the sufficiency of same, the appropriate procedure is for them to do so in a substantive dispositive motion not in their opposition to Plaintiffs' pending motion to amend.”
She will, however, deny an amendment that is clearly futile as a matter of settled law -- here, ADA money-damages claims against the State, barred by Eleventh Amendment sovereign immunity, which voluntary removal waives only as to suit in a federal forum, not as to liability.
“while voluntary removal waives a State's immunity from suit in a federal forum, the removing State retains all defenses it would have enjoyed had the matter been litigated in state court, including immunity from liability.”
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.
| Involuntary dismissal failure to prosecute N = 3 |
Granted: 3 | counts only |
| Motion to amend N = 2 |
Granted: 1Granted in part: 1 | counts only |
| Motions to remand N = 1 |
Moot / procedural: 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.
“AGLIC'S MOTION TO AMEND IS GRANTED AND AGLIC SHALL FILE ITS SECOND AMENDED COMPLAINT NO LATER THAN MARCH 23, 2009.”
“Plaintiffs' motion to amend is GRANTED in part and DENIED in part.”
“RECOMMENDED that Plaintiff's Complaint be DISMISSED WITH PREJUDICE”
“ORDERED that the Report and Recommendation (ECF No. 19) is hereby adopted and entered; and it is further ORDERED that Plaintiff's Complaint is DISMISSED WITH PREJUDICE”
“ORDERED that the Magistrate Judge's Report and Recommendation, dated August 6, 2018, is hereby ADOPTED; and it is further, ORDERED that Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE for failure to prosecute”
“RECOMMENDED that Plaintiff's Complaint be REMANDED to the Superior Court of New Jersey, Monmouth County”