Eric R. Komitee
How Judge Komitee decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He enforces release and contract language as written. An unambiguous general release of 'any and all' civil-rights claims accruing before its date bars later 1983 suits against covered officers/employees -- and a plaintiff who failed to carve out a known, already-filed case (despite the form's invitation) is bound, with a 'without prejudice' notation not altering the result.
“Here, the release provision itself is unambiguous. ... Not only did the incidents at issue here occur prior to then, but Plaintiff filed this action in May of 2018, almost a year before signing the release.”
Where an express contract governs, he dismisses overlapping quasi-contract theories (unjust enrichment, implied covenant, quantum meruit) on summary judgment as duplicative, leaving only the breach-of-contract claim.
“the Defendant's motion for partial summary judgment is granted. Plaintiff's claims for unjust enrichment (count eight), breach of the implied covenant of good faith and fair dealing (count nine), and quantum meruit (count ten) are dismissed.”
Procedural preferences
On a TCPA motion to dismiss he applies a plaintiff-friendly pleading standard post-Duguid: short-code origin, generic/impersonal sales content, and defendant-owned links give rise to a reasonable inference of ATDS use, and the plaintiff need not negate alternative explanations at the pleading stage -- ATDS disputes are better resolved at summary judgment after discovery.
“The five text messages that Bank challenges here likewise give rise to a reasonable inference that DMS used an ATDS to contact him. ... while Duguid increases the burden on plaintiffs to prove a TCPA claim, some courts have held that determining whether a defendant used an ATDS is more appropriately determined on a summary judgment motion than a motion to dismiss.”
Cautions
He holds litigants (including pro se attorneys) to Rule 11's procedure: a sanctions request via informal letter, invoking Rule 11(c)(3) (which is the court's sua sponte mechanism) and without the 21-day safe-harbor service of a formal motion, will be denied as improper.
“Bank filed an informal letter motion and provided no notice to defense counsel. The motion is denied.”
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.
| Summary judgment N = 4 |
Granted: 3Denied: 1 | counts only |
| Motions to dismiss N = 1 |
Denied: 1 | counts only |
| Motion for sanctions 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.
“Ameritas's motion for summary judgment, ECF Nos. 80, 91, is granted in its entirety.”
“Soni's cross-motion for summary judgment, ECF No. 75, is denied.”
“For the foregoing reasons, the Defendant's motion for partial summary judgment is granted. Plaintiff's claims for unjust enrichment (count eight), breach of the implied covenant of good faith and fair dealing (count nine), and quantum meruit (count ten) are dismissed.”
“For the foregoing reasons, DMS's motion to dismiss is denied.”
“Bank filed an informal letter motion and provided no notice to defense counsel. The motion is denied.”
“Officer Julia Nazim's motion for summary judgment is granted.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 146 days (N = 15).
Active (non-senior) E.D.N.Y. district judge. His docket civil docket is notably heavy on ADA Title III public-accommodation suits (a high-volume, fast-settling category) and immigration mandamus (visa-delay suits vs. Mayorkas/USCIS), alongside insurance, Social Security, FDCPA/consumer, bankruptcy appeals, copyright (Strike 3), commercial contract, and a criminal docket. Caseload mix is qualitative this build.