Robert C. Brack

How Judge Brack rules, drawn from 24 signed orders. Every observation links to the order it came from.

Court
United States District Court for the District of New Mexico
Position
District judge
Status
Senior status
Appointed by
George W. Bush (Republican)
Commissioned
July 15, 2003
ABA rating
Well Qualified
Education
Eastern New Mexico University, B.A. (1975); University of New Mexico School of Law, J.D. (1978)
Signed orders read
24

About Judge Brack

Robert C. Brack is a senior judge of the United States District Court for the District of New Mexico. Appointed by President George W. Bush, he received his commission on July 15, 2003, and took senior status on July 25, 2018. He previously served as a state district judge in New Mexico.

Judge Brack's practices and standing orders

Rules for cases before Judge Brack, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Conferences

Seek an extension of Brack’s civil pretrial deadlines by written motion.

“Counsel must seek leave of the Court in the form of a written motion to extend any pretrial deadline.”

Trial

In a criminal trial before Brack, notify the court of audiovisual equipment needs at least 14 days before trial.

“Counsel shall notify the Court at least 14 days before trial if they require audio-visual or other special equipment.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Brack decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In Atencio, specific evidence about a reprimand and suspension kept FMLA claims alive at summary judgment.

“Plaintiff raised a genuine issue of fact regarding his December 2010 reprimand and February 2011 suspension constituting illegal retaliation or interference under FMLA.”

Procedural preferences

In the retirement board case, an objectively reasonable removal argument defeated the request for fees despite remand.

“Under these circumstances, Deutsche and DBAH had an objectively reasonable basis for removing this case. Each party should bear its own costs and fees.”

In Ombe, the court denied an appeal-extension motion filed on July 10 after the July 8 deadline for seeking extra time.

“The 30-day deadline to file a motion for an extension of time to file a notice of appeal was July 8, 2026. Plaintiff did not file his Motion for an extension of time until July 10, 2026.”

Cautions

In Romero, remand followed from a missing consent even though the removing party tried to find the other defendant.

“If fewer than all defendants consent to removal, however, removal is not appropriate, regardless of the fact that the removing defendant tried its best to obtain consent.”

In B.K., the court would not decide an IDEA summary judgment motion without the full administrative record.

“Without a full record of the administrative proceedings, the Court is unable, under the statute, to grant the relief that Defendants seek.”

In Trejo, a protective order preventing lawful return to an RV defeated the claimed expectation of privacy in a backpack left inside.

“Once the protective order was in place, Defendant could no longer legally return to the RV to access his backpack, and thus any expectation of privacy in the contents of the backpack is objectively unreasonable.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Soto v. City of Roswell
1:08-cv-00404-RB-LAM
Summary judgment (plaintiff) Denied

“Ms. Soto’s Motion for Partial Summary Judgment is DENIED.”

Bress v. Albuquerque Police Officers
1:10-cv-01250-RB-DJS
Motions to dismiss (defendant) Granted

“Defendant Rivas’ Motion to Dismiss Counts IV and V (Doc. 11), filed on January 18, 2011; and Defendant Rivas’ Motion to Dismiss Under the Doctrine of Qualified Immunity (Doc. 20), filed on February 5, 2011, are GRANTED.”

Motions to dismiss (defendant) Granted

“Defendant Rivas’ Motion to Dismiss Under the Doctrine of Qualified Immunity (Doc. 20), filed on February 5, 2011, are GRANTED.”

Motion to convert (plaintiff) Denied

“Plaintiff’s Motion to Convert Defendant Rivas’ Motion to Dismiss into a Motion for Summary Judgment (Doc. 18), filed on February 2, 2011; Defendant Rivas’ Motion for Rule 11 Sanctions (Doc. 34), filed on March 3, 2011; and Plaintiff’s Opposed Motion for Extension of Time to File Response (Doc. 35), filed on March 3, 2011, are DENIED.”

Motion for sanctions (defendant) Denied

“Defendant Rivas’ Motion for Rule 11 Sanctions (Doc. 34), filed on March 3, 2011; and Plaintiff’s Opposed Motion for Extension of Time to File Response (Doc. 35), filed on March 3, 2011, are DENIED.”

Motion for extension of time (plaintiff) Denied

“Plaintiff’s Opposed Motion for Extension of Time to File Response (Doc. 35), filed on March 3, 2011, are DENIED.”

Equal Employment Opportunity Commission v. BOK Financial Corp.
1:11-cv-01132-RB-LAM
Summary judgment (defendant) Denied

“Defendants’ Motion for Summary Judgment for Failure to Conciliate in Good Faith (Doc. 302) is DENIED.”

Motion for expedited denial (plaintiff) Granted

“Plaintiff’s Motion for Expedited Denial of Defendants’ Unauthorized Motion for Partial Summary Judgment (Doc. 303) is GRANTED.”

Equal Employment Opportunity Commission v. BOK Financial Corp.
1:11-cv-01132-RB-LAM
Motions to strike (defendant) Denied

“Defendants‟ Motion to Strike Witnesses Designated on January 4, 2014 and Damages Asserted by the EEOC in its Fifth Supplemental Disclosures (Doc. 319) is DENIED.”

New Mexico Educational Retirement Board v. Renaissance Private Equity Partners, L.P.
1:12-cv-00067-RB-WDS
Motions to remand (plaintiff) Granted in part

“NMERB’s Motion for Remand and Attorneys’ Fees and Costs (Doc. 6), filed on January 27, 2012, is GRANTED IN PART AND DENIED IN PART.”

Espinoza v. Allstate Indemnity Co.
1:13-cv-00378-RB-ACT
Motions to remand (plaintiff) Granted

“Plaintiffs’Motion to Remand is granted.”

Motion for attorneys fees (plaintiff) Denied

“Plaintiffs’ request for attorneys’ fees and costs is denied.”

Atencio v. SOC-Los Alamos
1:13-cv-00632-RB-KBM
Summary judgment (defendant) Granted in part

“Defendants‟ Motion for Summary Judgment (Doc. 49) is DENIED in part and GRANTED in part.”

Zozaya v. Standard Insurance Co.
1:14-cv-00632-RB-CG
Motions to remand (plaintiff) Denied

“Ms. Zozaya’s Motion to Remand. (Doc. 14) is DENIED.”

Ombe v. Martinez
1:14-cv-00763-RB-KBM
Motions to dismiss (defendant) Granted

“Defendants’ Motions to Dismiss Plaintiff’s Purported Class Action Claims, (Docs. 31 and 38), are GRANTED.”

Motions to dismiss (defendant) Granted
Romero v. Knee
1:17-cv-01273-RB-KBM
Motions to remand (defendant) Granted

“For the reasons given, the Court grants Mr. Knee’s motion to remand (Doc. 9)”

Motion for attorneys fees (defendant) Denied

“Court denies Mr. Knee’s request for fees.”

Szuszalski v. Fields
1:19-cv-00250-RB-CG
Summary judgment (defendant) Granted in part

“Defendants’ Motion for Summary Judgment (Doc. 133) is GRANTED IN PART as to the federal claims (Counts II and IV), and these two claims are DISMISSED with prejudice.”

Summary judgment (plaintiff) Denied

“Szuszalski’s Motion for Summary Judgment (Doc. 134) is DENIED.”

Summary judgment (defendant) Moot / procedural

“Defendants’ Motion for Summary Judgment on the Loss of Consortium claim (Count V) is DENIED AS MOOT.”

Motion in limine (defendant) Moot / procedural

“Defendants’ Motions in Limine (Docs. 131; 132) are DENIED AS MOOT.”

Motion in limine (defendant) Moot / procedural
Motion to change deposition (defendant) Moot / procedural

“Defendant Fields’s Motion to Change his Deposition (Doc. 152) is DENIED AS MOOT.”

Lee v. Wellbridge Club Management, LLC
1:19-cv-01074-RB-LF
Motion for voluntary dismissal (plaintiff) Granted

“Mr. Lee’s Motion for Voluntary Dismissal under Rule 41(a)(2) (Doc. 23) is GRANTED: Mr. Lee’s FLSA claim is DISMISSED WITH PREJUDICE and his state-law claims are DISMISSED WITHOUT PREJUDICE;”

Motions to compel (defendant) Moot / procedural

“Wellbridge’s Motion to Compel Discovery (Doc. 24) is DENIED AS MOOT;”

Motion for extension of time (plaintiff) Granted

“Mr. Lee’s Motion for Extension of Time to File a Reply (Doc. 26) is GRANTED.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 348.0 days (N = 10).

Median motion-to-ruling time: 6 days (N = 13).

The sampled matters include criminal, civil rights, contract, patent, habeas, and injury cases. The selected dockets describe case types encountered during this review, not the court’s overall caseload.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years2
ReportMotions over six monthsCases over three years
Mar 202602
Sep 202502
Mar 202503
Sep 202402
Mar 202403
Sep 202304
Mar 202302
Sep 202201
Mar 202201
Sep 202102
Mar 202102
Sep 202002

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the District of New Mexico, not for Judge Brack: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed9088.2 months
Closed with no court action1504.1 months
Closed before pretrial5117 months
Closed during or after pretrial24213.8 months
Closed during trial5not reported
12 months endingCases closedMedian time
Sep 20259088.2 months
Sep 20249188 months
Sep 202383510.6 months
Sep 202297311.7 months
Sep 20219099.6 months
Sep 20209579 months
Sep 20199659.6 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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