Pamela K. Chen
How Judge Chen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She enforces evidentiary formality on arbitration motions: a foreign-language arbitration agreement is inadmissible without a CERTIFIED English translation, and a corporate declarant's say-so that it is a 'word-for-word' translation will not do. Without admissible proof of the agreement, the movant fails its initial FAA burden -- so file a sworn certified translation if you want to compel arbitration of a contract signed in another language.
“As Defendant has failed to adduce such a certified translation, the purported agreement to arbitrate cannot be admitted in connection with Defendant's motion to compel arbitration. The Court, therefore, denies the motion without prejudice to renew.”
Procedural preferences
On a 12(b)(2) personal-jurisdiction dismissal she does not necessarily end the case: where a (often pro se) plaintiff has alleged enough about the defendant's forum contacts, she will grant the motion but sua sponte order limited jurisdictional discovery and give leave to amend, rather than dismiss outright.
“finding that pro se Plaintiff has alleged sufficient facts regarding Defendant's contacts with New York State to warrant jurisdictional discovery, the Court sua sponte directs that the parties engage in jurisdictional discovery over the next sixty (60) days from the date of this Order.”
Rule 36 admissions are sticky in her courtroom: even where the merits might favor withdrawal, she will deny a late-stage motion to withdraw admissions when reopening them would force the opponent into additional discovery and delay (undue prejudice).
“That additional discovery and delay would itself be unduly prejudicial, at this late stage in the litigation.”
Cautions
Reconsideration is hard to get from her: the standard is 'strict' and a motion that reiterates prior arguments, raises new theories, or points to no overlooked controlling decision or new evidence will be denied -- pro se status does not relax that standard.
“The standard for granting a reconsideration motion is 'strict,' and reconsideration generally will be denied unless the moving party can point to controlling decisions or data that the court overlooked.”
To plead a private right under a regulatory/foreign-law scheme (e.g. EU 261) as a contract claim, the contract must actually INCORPORATE that scheme by reference; merely noting that passengers 'may have rights' under it is not incorporation, and the claim -- and any amendment -- will be dismissed as futile.
“because the Contract does not incorporate the ASL, there is no basis for Plaintiffs' demand for relief pursuant to [the ASL] as a contractual obligation of [Defendant] ... must be denied as futile.”
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.
| Motions to dismiss N = 3 |
Granted: 2Granted in part: 1 | counts only |
| Motion to compel arbitration N = 1 |
Denied: 1 | counts only |
| Motion for reconsideration N = 1 |
Denied: 1 | counts only |
| Motion to withdraw admissions 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.
“Defendant Sunwing Travel Group's motion to dismiss is granted. The parties will engage in jurisdictional discovery for the next sixty (60) days. Plaintiff may file an amended complaint thirty (30) days after close of the jurisdictional discovery.”
“For the foregoing reasons, the Court grants Defendant's motion to dismiss in its entirety.”
“For the reasons stated above, Defendants' motion to dismiss as to Plaintiff's retaliation claims is granted in part and denied in part.”
“For the foregoing reasons, the Court denies Defendant's motions to compel arbitration and stay this action without prejudice.”
“For the reasons set forth above, the Court denies Plaintiff's motion for reconsideration.”
“For the foregoing reasons, Defendants' motion to withdraw their admissions to Plaintiff's Requests for Admission No. 10 and 11 is denied.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 128 days (N = 5).
Active (non-senior) Brooklyn E.D.N.Y. district judge. Her docket portfolio is dominated by criminal cases (including high-profile/sealed matters and multi-defendant indictments) and administrative 'mc' matters (search warrants, civil forfeiture in rem, government applications), alongside a civil docket spanning employment/Title VII, ADA, immigration (mandamus / 1252 / habeas), prisoner civil-rights, ERISA, FLSA/NY Labor Law wage suits, consumer, and contract/airline disputes. Caseload mix is qualitative this build.