Vera M. Scanlon
How Judge Scanlon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a default judgment, she demands actual proof of statutory pre-conditions, not just well-pleaded allegations. In the Freedom Mortgage foreclosure she sua sponte required evidence of RPAPL 1304/1306 pre-foreclosure-notice compliance and recommended denial without prejudice when the lender's affidavit fell short — a recommendation a district judge adopted de novo over the lender's waiver argument.
“she recommended that FMC's motion be denied without prejudice for failure to provide evidence of compliance with ... RPAPL §§ 1304 and 1306.”
In ERISA disputes she enforces plan terms strictly and treats common-law settlement-enforcement theories as preempted; a participant may recover benefits 'due under the terms of his plan' but cannot use a side agreement to alter the plan or obtain a second payment.
“summary judgment is granted in favor of Defendant UBS AG.”
Procedural preferences
Dismissal for failure to prosecute is a last resort. She works the five Drake factors and, where the first two tilt toward dismissal but the rest do not, prefers a monetary sanction (attorneys' fees) to the 'harsh remedy' of dismissal — especially where a litigant proceeded pro se for part of the case.
“Magistrate Judge Scanlon performed a detailed analysis of the five Drake factors, determining that the first two factors might tilt in favor of dismissal, but that the last three did not.”
Runs an active, settlement-oriented case-management docket on consent cases: front-loads damages calculations before the initial conference, certifies discovery on the record, and refers wage/ADA cases to the court's mediation program. Routine consent case-management motions (extensions, adjournments, attorney substitutions) are granted quickly, often within 1-2 days.
“ORDER granting 11 Consent Motion for Extension of Time to Complete Discovery.”
Cautions
She liberally construes pro se filings (treats a pro se letter as an objection, reads it for the strongest argument) but still holds pro se litigants to the substance: an 'objection' that merely repeats the original motion is inadequate, and a Rule 60(b) vacatur needs actual evidence of fraud, not dissatisfaction with a settlement.
“recommended that this Court deny Plaintiff Yvonne Spaulding's motion to vacate the settlement agreement”
She decides the issue actually presented and will reject a movant's weaker arguments while still granting on a stronger ground — e.g. dismissing a pro se RESPA claim against MTGLQ on the merits while expressly rejecting MTGLQ's 'plaintiff-is-not-a-borrower' standing theory and its Rule 8(a)(2) attack. Don't assume your preferred rationale carries the day just because you win.
“Here, by MTGLQ's own admission, Plaintiff was obligated on the mortgage and, as such, ... Plaintiff's status would not preclude him from asserting a RESPA claim.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“she recommended that FMC's motion be denied without prejudice for failure to provide evidence of compliance with New York Real Property Actions and Proceedings Law (‘RPAPL’) §§ 1304 and 1306. ... the Court, having conducted a de novo review ..., adopts the R&R in its entirety.”
“Judge Scanlon recommended that the Court consider Petitioners’ motion as an unopposed motion for summary judgment, grant Petitioners’ motion and enter a judgment against Respondent in the amount of $10,675.08 ... finding no clear error, the Court adopts Judge Scanlon’s R&R in its entirety. Petitioners’ motion is granted.”
“Judge Scanlon issued a Report on February 18, 2014, recommending: (1) Defendant’s motion be denied without prejudice ... the Court adopts the Report and Recommendation and hereby denies Fireman Fund’s Motion to Dismiss.”
“As recommended by Judge Scanlon, plaintiff’s motion for a default judgment is granted in part and denied in part. Plaintiff’s motion is granted with respect to defendant El Sonador Café Restaurant Inc.’s ... liability under the Federal Communications Act ... 47 U.S.C. § 605, and denied with respect to defendant Jose A. Bernal.”
“On December 28, 2016, United States Magistrate Judge Vera M. Scanlon issued a report and recommendation ..., which recommended that this Court deny Plaintiff Yvonne Spaulding’s motion to vacate the settlement agreement ... the Court hereby adopts Magistrate Judge Scanlon’s Report and Recommendation in its entirety ... Plaintiff’s motion to vacate the settlement agreement is hereby denied in its entirety.”
“Judge Scanlon issued the Report on June 26, 2015, recommending that this Court grant in part and deny in part plaintiff Kroutchev Demosthene’s ... motion to file a Second Proposed Amended Complaint. ... this Court affirms and adopts the Report in its entirety. ... Plaintiff’s motion is granted in part and denied in part”
“On August 11, 2014, Magistrate Judge Scanlon issued a Report and Recommendation ... recommending that the Court deny Erlikh’s motion to amend his answer to include the proposed counterclaims. ... Erlikh’s motion to amend his answer is denied”
“the Court grant[s] GEICO’s motion to dismiss the claims against the Erlikhs pursuant to Rule 41(a)(2) ... GEICO’s claims against the Erlikhs are dismissed without prejudice.”
“the Court treats Defendant’s motion as one for summary judgment and grants summary judgment for Defendant. ... summary judgment is granted in favor of Defendant UBS AG.”
“The Court respectfully recommends that the District Court grant the joint motion to vacate the default judgment at ECF No. 23 ... this Court respectfully recommends that the judgment at ECF No. 19 be vacated, and that the certificates of default ... be vacated as well.”
“this Court respectfully recommends that the District Court grant Bank of America’s motion as unopposed ... and dismiss Plaintiff’s claims against Bank of America ... with prejudice.”
“this Court respectfully recommends that the District Court grant MTGLQ’s motion and dismiss Plaintiff’s claims against ... MTGLQ with prejudice.”
“Judge Scanlon recommended that the Court strike A&N's answer and deny Plaintiff's motion for default judgment without prejudice (the ‘R&R’). ... The Court has reviewed the R&R and, finding no clear error, adopts the R&R pursuant to 28 U.S.C. § 636(b)(1). ... the Court strikes A&N's answer and denies Plaintiff's motion for default judgment”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 422.0 days (N = 4).
Median motion-to-ruling time: 1 days (N = 13).
As Chief Magistrate Judge of the Eastern District of New York (Brooklyn), her assigned docket is dominated by criminal and miscellaneous duty-magistrate matters (search and seizure warrants, criminal complaints, removals) that open and close within days, plus a steady stream of civil consent cases skewed toward FLSA and wage suits, ADA public-accommodation access, civil rights, and intellectual property. Recent assignments confirm she remains actively assigned. The mix is qualitative, drawn from case-level records.
Put Judge Scanlon's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Scanlon actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Scanlon's own signed orders and cites them.