Analisa Torres
How Judge Torres decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On FLSA off-the-clock collectives she rejects the standard defense that individualized variations in hours/meal-breaks defeat similarity -- a 'single decision, policy, or plan' showing carries final certification even where individualized damages proof is needed (McGlone).
“individual differences in number of hours worked ... will not warrant decertification as long as [p]laintiffs show they are subject to a 'single decision, policy, or plan.'”
Procedural preferences
On a Rule 12 motion she holds parties to the pleadings and will not convert it by considering matters outside them -- a movant who relies on extra-pleading materials risks having them disregarded (observed in the Sacerdote MTD practice and consistent with her CFTC v. Wilson 'accepted as true for the purposes of this motion' framing).
“The following facts are taken from the complaint and accepted as true for the purposes of this motion.”
Cautions
In employment-discrimination cases she will grant summary judgment for the employer where the plaintiff's own testimony ties adverse actions to non-protected causes (e.g. an injury or performance) rather than to age/disability animus (Mazur).
“Because Defendants have shown that a reasonable jury could not find that Plaintiff was discriminated against, Defendants' motion for summary judgment is GRANTED.”
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 = 9 |
Granted: 3Granted in part: 4Denied: 2 | counts only |
| Motions to dismiss N = 8 |
Granted in part: 2Denied: 6 | counts only |
| Motion to decertify N = 1 |
Denied: 1 | counts only |
| Class certification N = 1 |
Granted: 1 | counts only |
| Motion for judgment on pleadings N = 1 |
Granted in part: 1 | counts only |
| Motion for leave to amend N = 1 |
Granted: 1 | counts only |
| Motions to strike N = 1 |
Denied: 1 | counts only |
| Motions to transfer 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.
“Defendants move to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(2), 12(b)(3), and 12(b)(6) or, in the alternative, to transfer venue ... For the reasons stated below, Defendants' motion is DENIED.”
“Defendants' motion to decertify the conditionally certified collective action is DENIED.”
“Plaintiffs' request for final certification is GRANTED.”
“Plaintiffs' motion for partial summary judgment is GRANTED.”
“Maguire's motion for summary judgment is DENIED.”
“Because Defendants have shown that a reasonable jury could not find that Plaintiff was discriminated against, Defendants' motion for summary judgment is GRANTED.”
“Defendants move for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure. For the reasons stated below, Defendants' motion is GRANTED in part and DENIED in part.”
“HUD moves for judgment on the pleadings and summary judgment. For the reasons stated below, HUD's motions are GRANTED in part and DENIED in part.”
“HUD moves for judgment on the pleadings and summary judgment. For the reasons stated below, HUD's motions are GRANTED in part and DENIED in part.”
“both motions to dismiss are DENIED, and Plaintiffs' motion to file a supplemental complaint is GRANTED.”
“both motions to dismiss are DENIED, and Plaintiffs' motion to file a supplemental complaint is GRANTED.”
“both motions to dismiss are DENIED, and Plaintiffs' motion to file a supplemental complaint is GRANTED.”
“Defendant seeks to dismiss the amended complaint for lack of jurisdiction and for failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) ... Alternatively, Defendant moves to strike Plaintiffs' request for injunctive relief. For the reasons stated below, the motions are DENIED.”
“Alternatively, Defendant moves to strike Plaintiffs' request for injunctive relief. For the reasons stated below, the motions are DENIED.”
“Defendant's motion to dismiss is DENIED, and each party's motion for summary judgment is GRANTED in part and DENIED in part.”
“Defendant's motion to dismiss is DENIED, and each party's motion for summary judgment is GRANTED in part and DENIED in part.”
“Defendant's motion to dismiss is DENIED, and each party's motion for summary judgment is GRANTED in part and DENIED in part.”
“the Court GRANTS the motion to dismiss with respect to the New Jersey tip-pooling claim, the Connecticut uniform claim, and the Michigan tip-credit claim. The Court GRANTS IN PART the motion to dismiss the California Unfair Competition Law claims, and DENIES the motion with respect to the California Labor Code claims.”
“Defendants move to dismiss the second amended complaint ... pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons stated below, the motion is GRANTED in part and DENIED in part.”
“Defendants move to transfer this action to the Northern District of Texas and to partially dismiss Plaintiffs' FLSA minimum wage claim. For the reasons stated below, the motions are DENIED.”
“Defendants move to transfer this action to the Northern District of Texas and to partially dismiss Plaintiffs' FLSA minimum wage claim. For the reasons stated below, the motions are DENIED.”
“The parties have cross-moved for summary judgment. For the reasons stated below, Plaintiff's motion is GRANTED, and the DOE's motion is DENIED.”
“The parties have cross-moved for summary judgment. For the reasons stated below, Plaintiff's motion is GRANTED, and the DOE's motion is DENIED.”
Caseload & timing
From public federal docket records for this judge.
Sample from search_dockets(assigned_judge='Analisa Nadine Torres', filed 2015-2018, terminated). Mixed docket: ERISA, ADA Title III (rapid-settlement), employment/civil-rights, immigration, FTC/SEC enforcement miscellaneous, and a criminal calendar. Many ADA/accommodation suits terminate within weeks via settlement; enforcement and ERISA matters run longer. Durations are filed-minus-terminated.