Steven C. Yarbrough
How Judge Yarbrough rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Yarbrough decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
In a Social Security appeal, he recommended a sentence-four remand where the administrative law judge did not discuss relevant subjective-symptom evidence and mischaracterized improvement with treatment as inconsistent with a treating-source opinion.
“Judge Yarbrough found that the Administrative Law Judge erred by failing to discuss a relevant allegation of Plaintiff’s subjective symptom evidence, and in stating that evidence showing ‘improvement with treatment’ was inconsistent with Dr. Bergsten’s opinion.”
Enforces basic prosecution/service obligations: will recommend dismissal without prejudice under Rule 4(m) when a plaintiff fails to serve defendants and under Rule 41(b) when a plaintiff fails to prosecute, after the opportunity to cure has lapsed.
“Judge Yarbrough recommends that the Court dismiss Plaintiff's remaining claims under Federal Rule of Civil Procedure 41(b) for failure to prosecute.”
In discovery disputes, he requires concrete current responses, narrows requests to the claims and proportional needs of the case, and may decline fee shifting when both sides prevail in part.
“Plaintiff's non-specific, future promise to supplement, with no explanation as to why the information cannot be presently provided, is insufficient to comply with his discovery obligation.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“In this PFRD, Judge Yarbrough recommends that the Court dismiss Plaintiff's remaining claims under Federal Rule of Civil Procedure 41(b) for failure to prosecute. ... All of Plaintiff's remaining claims against Defendants will be dismissed without prejudice by separate order.”
“Judge Yarbrough advises the Court to dismiss Plaintiff's claims without prejudice under Federal Rule of Civil Procedure 4(m) because Plaintiff has not served Defendants. ... 2. Plaintiff's claims are dismissed without prejudice.”
“advising that the Court: ... (iii) deny Defendant Access Corrections' Motion to Dismiss Motion for Summary Judgment, filed November 10, 2016 (Doc. 48)(‘Motion to Dismiss’). ... Accordingly, the Court will: ... (iv) deny the Defendant's Motion to Dismiss.”
“Judge Yarbrough recommended the Court grant Plaintiff's Opposed Motion To Reverse and/or Remand, Doc. 17, and remand for further proceedings. Judge Yarbrough found that the Administrative Law Judge erred by failing to discuss a relevant allegation of Plaintiff's subjective symptom evidence ... 2. Plaintiff's Opposed Motion To Reverse and/or Remand, (ECF No.17), is GRANTED”
“Judge Yarbrough recommended the Court grant Plaintiff's Motion to Remand, Doc. 10, and remand for further proceedings. ... 2. Plaintiff's Motion To Remand, Doc. 10, is GRANTED; and 3. The Court remands for further proceedings consistent with the PFRD.”
“dismiss from the original complaint (Doc. 1-1) the federal law claim with prejudice, and decline supplemental jurisdiction over the remaining state law claims”
“I recommend that the Court deny the revised motion to amend as to the False Claims Act count because that claim is futile”
“the Stipulated Motion for Award of Attorney Fees Under the Equal Access to Justice Act (Dkt. No. 21) is hereby GRANTED. Plaintiff is awarded attorney fees in the amount of $5,972.40 as the prevailing party herein.”
“attorney fees be, and hereby are, awarded under the EAJA ... in the amount of $7,308.00 in attorney fees”
“For the reasons discussed above, the Court GRANTS IN PART AND DENIES IN PART Defendant’s Motion to Compel Plaintiff to Fully Respond to Discovery Requests (Doc. 47).”
“Therefore, the Court DENIES the motion in full and orders the Clerk’s Office to UNSEAL Document 48.”
“Because Plaintiff’s request to serve additional discovery is deemed unopposed, the Court GRANTS the request.”
“THEREFORE, IT IS ORDERED THAT Defendants’ Motion for Protective Order, Doc. 85, is GRANTED; and Plaintiff’s Motion To Compel, Doc. 89, is DENIED.”
“THEREFORE, IT IS ORDERED THAT Defendants’ Motion To Compel Plaintiff’s Disclosures Under D.N.M. LR-Civ. 26.3(d), Doc. 75, is GRANTED IN PART and DENIED IN PART.”
“IT IS FURTHER ORDERED THAT Defendants’ Motion To Extend Pending Pretrial Deadlines, Doc. 76, is GRANTED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 458 days (N = 10).
By party consent, Judge Yarbrough enters final decisions in a steady stream of Social Security disability appeals under Titles II and XVI. His work also includes Albuquerque criminal-duty matters and recommendations in civil-rights, foreclosure, and other civil cases. This describes the composition of his work, not a grant rate.
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