Dale Edwin Ho

United States District Court for the Southern District of New York district Appointed by Joe Biden (Democratic) 1 signed orders read

How Judge Ho decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

On a Rule 48(a) motion to dismiss a criminal case, he treats the court's role as limited but NOT a rubber stamp: where the government seeks dismissal WITHOUT prejudice on rationales he finds pretextual, he will exercise his 'limited discretion' to dismiss WITH prejudice to protect the defendant and stop the charges from being used as future leverage. Counsel litigating a Rule 48(a) dismissal before him should expect the stated reasons to be scrutinized on the record.

“The Court declines, in its limited discretion under Rule 48(a), to endorse that outcome. Instead, it dismisses this case with prejudice---meaning that the Government may not bring the charges in the Indictment against Mayor Adams in the future.”

Reads contracts and term sheets strictly to determine WHICH entity is actually bound: a signature qualified to a limited period or a non-signatory affiliate will not be held to obligations the document assigns to a different entity. A breach-of-contract plaintiff must sue the entity the contract actually binds.

“WOGA moves to dismiss, arguing that only WOHCF, not WOGA, is bound by the provisions of the contract relied upon by Soleimani. For the reasons set forth below, WOGA's Motion to Dismiss is GRANTED.”

Favors judicial economy and the first-filed rule: when a substantially similar action was filed first in another district, he will transfer rather than reach arbitration or dismissal motions, leaving those to the transferee court. Between the S.D.N.Y. and E.D.N.Y. he treats most Section 1404(a) convenience factors as neutral, so the existence of a related first-filed case dominates.

“Based on the totality of the circumstances, and following the first-filed rule, the Court holds that Defendants have met their burden of demonstrating that a transfer to the Eastern District of New York, where a parallel action is pending, would be in the interests of convenience and fairness.”

Procedural preferences

Strong, repeatedly-applied commitment to the presumption of public access: in the Adams matter he granted press motions to unseal CIPA orders and search-warrant materials, set short deadlines for any opposition, and quoted Second Circuit authority emphasizing immediate access. Parties seeking to keep filings sealed before him should expect a narrow, well-justified request (e.g. redacting only phone numbers and email addresses), not blanket sealing.

“the Department's Motion to Seal is GRANTED IN PART and DENIED IN PART. The documents in question ... shall be filed under seal in unredacted form with access limited to the Court and the relevant parties; versions on the public docket shall be filed with redactions limited to phone numbers and email addresses.”

Cautions

He will scrutinize the government's stated reasons closely and say so plainly on the record even while granting the relief requested -- finding a proffered rationale 'pretextual' or describing a deal as a 'bargain.' At the same time he is careful to separate the integrity of line prosecutors from his criticism of a policy decision. Do not assume an unopposed or government-sought motion will be granted on the terms requested.

“All of this suggests that the 'appearances of impropriety' rationale is not just thin, but pretextual. ... Everything here smacks of a bargain: dismissal of the Indictment in exchange for immigration policy concessions.”

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.

Motion to transfer venue
N = 1
Granted: 1 counts only
Motion to dismiss and compel arbitration
N = 1
Moot / procedural: 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.

Zainfeld v. Vivid Seats, LLC
24 Civ. 1520 (DEH) (S.D.N.Y.); transferred to E.D.N.Y. 1:24-cv-03879-PKC-AYS · 2024-05-20
Motion to transfer venue (defendant) Granted

“the Court GRANTS the motion to transfer venue.”

Motion to dismiss and compel arbitration (defendant) Moot / procedural

“The Court does not address the request for consolidation, or the motion to compel arbitration and motion to dismiss, ECF No. 18, leaving those decisions to the Eastern District of New York.”

Caseload & timing

From public federal docket records for this judge.

Ho was commissioned 2023-08-18, so his docket is young. The current docket page (2026) is dominated by a wave of alien-detainee habeas petitions (463), alongside a federal criminal docket and a mix of civil cases. Earlier-tenure dockets (2023-2024 filings) show ADA Title III, IDEA / civil-rights-education fee cases against the NYC Dept. of Education (which settle administratively), FDCPA/consumer, contract, civil forfeiture, FLSA labor, motor-vehicle tort, product liability (3M -- likely MDL-bound), and immigration matters. Many terminated civil cases resolved by settlement or voluntary dismissal. Reflects current assignments + a small terminated sample, NOT a tenure-wide caseload.