Mae A. D'Agostino
How Judge D'Agostino rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge D'Agostino decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Scrutinizes removal jurisdiction and grants remand where the removing defendant cannot establish the amount in controversy from the face of the complaint (excluding costs, interest, and attorney's fees).
“Plaintiff's motion to remand is GRANTED; and the Court further ORDERS that this action is REMANDED to New York State Supreme Court, Oneida County”
Procedural preferences
Refers prisoner and pro se civil-rights matters to a magistrate judge and, where no party objects, adopts the report and recommendation on clear-error review, entering the recommended disposition such as summary judgment dismissing the complaint.
“ORDERS that Defendants' motion for summary judgment (Dkt. No. 31) is GRANTED and Plaintiff's complaint is DISMISSED in its entirety”
Cautions
Enforces sovereign-immunity and jurisdictional limits at the threshold: a 42 U.S.C. 1983 damages suit against a state agency is barred by the Eleventh Amendment, and such claims are dismissed for lack of subject-matter jurisdiction, though often without prejudice and with leave to replead a proper defendant.
“ORDERED that Defendant's motion to dismiss (Dkt. No. 23) is GRANTED; ... ORDERS that Plaintiff's amended complaint (Dkt. No. 38) is DISMISSED without prejudice for lack of subject matter jurisdiction, and with leave to replead”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that Defendant's motion to dismiss (Dkt. No. 23) is GRANTED; ... ORDERS that Plaintiff's amended complaint (Dkt. No. 38) is DISMISSED without prejudice for lack of subject matter jurisdiction, and with leave to replead”
“ORDERS that Defendants' motion for summary judgment (Dkt. No. 31) is GRANTED and Plaintiff's complaint is DISMISSED in its entirety”
“ORDERS that Plaintiff's motion for reconsideration and clarification (Dkt. No. 42) is DENIED”
“ORDERS Defendants' motion in limine (Dkt. No. 116) is GRANTED in part and DENIED in part”
“ORDERS that Plaintiff's motion in limine (Dkt. No. 123) is GRANTED in part and DENIED in part”
“Plaintiff's motion for partial summary judgment (Dkt. No. 73) is DENIED”
“Defendants' cross motion for summary judgment (Dkt. No. 81) is GRANTED”
“Plaintiff's motion for a temporary restraining order and preliminary injunction (Dkt. No. 79) is DENIED”
“Defendants' motion to dismiss (Dkt. No. 17) is GRANTED in part and DENIED in part”
“Plaintiff's motion to amend her complaint (Dkt. No. 21) is GRANTED”
“Defendant's motion to set aside the amended judgment (Dkt. No. 99) is DENIED”
“Defendant Ahern's motion for reconsideration (Dkt. No. 48) of the Court's March 15, 2018 Memorandum-Decision and Order (Dkt. No. 45) is GRANTED; and the Court further ORDERS that Defendant Ahern is hereby DISMISSED as a party”
“Plaintiff's motion to remand is GRANTED; and the Court further ORDERS that this action is REMANDED to New York State Supreme Court, Oneida County”
“Defendant's motion to dismiss (Dkt. No. 23) is GRANTED”
“Plaintiffs' motion for default judgment (Dkt. No. 71) is DENIED as moot”
“Defendants' motion for summary judgment (Dkt. No. 34) is DENIED in part and GRANTED in part”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 266 days (N = 18).
Median motion-to-ruling time: 177 days (N = 3).
The reviewed 2019 filings cover a varied civil docket, including personal-injury and product-liability disputes, consumer-finance claims, copyright, employee benefits, Social Security appeals, prisoner civil-rights and habeas matters, employment cases, and removed state enforcement actions. Several long-running environmental product-liability matters remained pending during the review period.
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