Margo K. Brodie
How Judge Brodie decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She will use Rule 60(b) to vacate even her own entered foreclosure judgment when the lender and homeowner reach a post-judgment loan modification -- weighing the settlement against finality and invoking New York's strong policy of keeping homeowners in their homes.
“A balancing of the parties' settlement agreement against the public interest in the finality of judgments favors vacating the Judgment of Foreclosure and Sale. ... there is an important public interest in allowing homeowners to remain in their home.”
On summary judgment she strictly enforces the admissibility rule of Rule 56: an UNSWORN expert report is inadmissible hearsay and cannot create -- or defeat -- a genuine dispute. Excluding the movant's unsworn report was enough to deny summary judgment outright. Get expert support sworn/verified before relying on it.
“Courts in this Circuit have uniformly held that unsworn expert reports do not satisfy the admissibility requirements of Fed. R. Civ. P. 56(e) ... The exclusion of Defendants' expert report commands the Court to deny Defendants' motion for summary judgment.”
Procedural preferences
When the federal claims drop out before trial she routinely declines supplemental jurisdiction and dismisses the state-law claims without prejudice under the Cohill factors -- especially where parallel state-court litigation is pending. Plan for your state claims to land in state court if your federal hook fails.
“The considerations of judicial economy, convenience, fairness and comity all weigh in favor of the Court declining to exercise supplement jurisdiction over the state law claims and dismissing the litigation without prejudice.”
She will not rubber-stamp default judgments: both default-judgment motions in this sample were denied WITHOUT PREJUDICE on adopted R&Rs for failing E.D.N.Y. local-rule formalities (no memorandum of law under Local Rule 7.1(a)(2), no Servicemembers Civil Relief Act affidavit, inadequate billing records). Cure the formal defects before moving.
“the Court adopts the R&R and denies without prejudice Plaintiff's motion for a default judgment.”
A large share of her published dispositions are adoptions of Magistrate Judges' Reports and Recommendations reviewed only for clear error when unopposed. Failing to object to an R&R waives review -- if you disagree with a magistrate's recommendation in her cases, file timely objections.
“The Court has reviewed the unopposed R&R and, finding no clear error, the Court adopts ... the R&R in its entirety pursuant to 28 U.S.C. 636(b)(1).”
Cautions
A stay pending a mandamus petition is hard to get from her: the movant must show not just possible error but that the Second Circuit is LIKELY to grant the 'drastic and extraordinary' writ, plus irreparable harm.
“The movant must show not just a likelihood of success on the merits, but that the Second Circuit is likely to grant mandamus. ... Because Monbo has not shown that she is likely to succeed on the merits or that irreparable harm is likely to result from the denial of a stay ... the Court denies a stay.”
She enforces the consular-nonreviewability doctrine in visa-delay/denial suits: once the consular officer cites a facially legitimate and bona fide statutory ground (e.g. 8 U.S.C. 1182(a)(6)(C)(i)), her review 'can go no further' and APA/mandamus claims are dismissed, with amendment deemed futile.
“The consular officer provided a 'facially legitimate and bona fide reason' for denying Mr. Coulibaly's visa by citing to 8 U.S.C. 1182(a)(6)(C)(i) and was not required to offer additional explanation for the denial.”
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 = 7 |
Granted: 2Denied: 4Moot / procedural: 1 | counts only |
| Motions to dismiss N = 2 |
Granted: 2 | counts only |
| Motions to stay N = 2 |
Denied: 2 | counts only |
| Default judgment N = 2 |
Denied: 2 | counts only |
| Motion to vacate N = 1 |
Granted: 1 | counts only |
| Motion for voluntary dismissal N = 1 |
Granted: 1 | counts only |
| Motion for reconsideration N = 1 |
Granted: 1 | counts only |
| Motion to reopen discovery N = 1 |
Granted: 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.
“Defendants' motion for summary judgment is granted, and the Court dismisses Plaintiffs' state law claims without prejudice.”
“For the foregoing reasons, the Court denies Defendants' motion for summary judgment.”
“For the foregoing reasons, the Court declines to exercise supplemental jurisdiction over Plaintiff's remaining state law claims and dismisses those claims without prejudice.”
“Although the Court has issued a decision on a motion to dismiss, Plaintiff's partial motion for summary judgment is pending and, even if Plaintiff succeeds on that motion for summary judgment, the case will nevertheless proceed to trial on his infliction of emotional distress claim.”
“The Court denies Plaintiffs' motion for summary judgment, Toppin's motion for summary judgment, and Sapphire and Simos' motion for summary judgment.”
“The Court denies Plaintiffs' motion for summary judgment, Toppin's motion for summary judgment, and Sapphire and Simos' motion for summary judgment.”
“The Court denies Plaintiffs' motion for summary judgment, Toppin's motion for summary judgment, and Sapphire and Simos' motion for summary judgment.”
“For the foregoing reasons, the Court grants Defendants' motion for summary judgment as to all claims.”
“the Court denies Dorfman's motion to stay and Plaintiff's Motion for Default Judgment against the Individual Defendants without prejudice, and grants Plaintiff leave to file an amended complaint.”
“the Court denies Dorfman's motion to stay and Plaintiff's Motion for Default Judgment against the Individual Defendants without prejudice, and grants Plaintiff leave to file an amended complaint.”
“the Court grants Defendant's motion for reconsideration and, on reconsideration, the Court dismisses without prejudice Plaintiff's failure to promote claim.”
“having reviewed the appeal de novo, the Court determines that Judge Levy did not err in granting Plaintiff's request to reopen discovery.”
“For the foregoing reasons, the Court grants Defendants' motion to dismiss the Complaint.”
“For the foregoing reasons, the Court adopts the R&R and denies without prejudice Plaintiff's motion for a default judgment.”
“For the foregoing reasons, the Court denies Monbo's motion to stay proceedings while her petition for a writ of mandamus is pending before the Second Circuit.”
“For the foregoing reasons, the Court grants Plaintiff's motion and vacates the Judgment of Foreclosure and Sale entered on August 16, 2018. The Referee is discharged and relieved of any and all obligations and requirements thereunder.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 361 days (N = 10).
Median motion-to-ruling time: 209 days (N = 2).
Active (non-senior) Brooklyn E.D.N.Y. judge serving as CHIEF JUDGE since 2021, carrying court-administration duties on top of a docket. Her docket portfolio is HEAVILY dominated by (a) criminal cases and (b) administrative 'mc' matters -- Title III wiretap/surveillance applications (18 U.S.C. 2511), MLAT / foreign-treaty requests, civil-forfeiture in-rem matters, and statute-of-limitations-suspension applications -- which terminate in days and are NOT representative of contested-civil litigation. Contested civil matters span ADA Title III, FDCPA/FCRA consumer-credit, ERISA, securities, immigration mandamus, qui tam / False Claims Act, mortgage foreclosure (RPAPL), employment/Title VII, and IP. As Chief Judge she also presides over the In re Payment Card Interchange Fee MDL (05-MD-1720).