Thomas J. McAvoy
How Judge McAvoy rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge McAvoy decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Dismisses claims under statutes that provide no private right of action, such as the Medicare Act or Elder Justice Act, with prejudice, and finds private-hospital care does not create federal-question jurisdiction.
“Defendants' motions to dismiss, dkt. # 23 and 25, are hereby GRANTED. The motions are hereby GRANTED without prejudice to the extent described above”
Procedural preferences
In New York Labor Law wage cases, dismisses a Section 195(3) wage-statement claim where the paystubs already contain the statutory data, while holding Section 191 frequency-of-pay claims privately actionable.
“Defendant's motion to dismiss, Dkt. No. 12, is GRANTED in part and DENIED in part”
Cautions
A material fact dispute over whether prison threats made grievance remedies unavailable defeats summary judgment on PLRA exhaustion.
“ORDERED that Defendants' motion for summary judgment (Dkt. No. 70) is GRANTED in part and DENIED in part”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that Defendants' motion for summary judgment (Dkt. No. 70) is GRANTED in part and DENIED in part”
“Defendants' motions to dismiss, dkt. # 23 and 25, are hereby GRANTED. The motions are hereby GRANTED without prejudice to the extent described above”
“Defendant's motion to dismiss, Dkt. No. 12, is GRANTED in part and DENIED in part”
“Defendant's renewed motion to dismiss the First Cause of Action, Dkt. No. 23, is DENIED”
“ORDERED that the Motion [Dkt. No. 11] is GRANTED; and it is further ORDERED that Judgment of Default be entered against the defendant property”
“The objections of Defendant Anthony I. Odimegwu and Third-Party Defendant Ebelechukwu Odimegwu to the government's writ of garnishment directed at property of Defendant held by the Vanguard Group, Inc., dkt. #s 11-12, are hereby OVERRULED.”
“Defendant's motion for judgment on the pleadings, dkt. # 11, is hereby GRANTED. Plaintiff's motion for judgment on the pleadings, dkt. # 9, is hereby DENIED.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 89.5 days (N = 20).
Median motion-to-ruling time: 339 days (N = 2).
The reviewed 2018 filings span prisoner civil-rights and habeas matters, consumer-credit claims, education and disability-access disputes, employment cases, Social Security appeals, diversity torts, contract and arbitration disputes, and trademark litigation. Many civil matters proceeded through magistrate-judge referrals.
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