Paul G. Gardephe

How Judge Gardephe rules, drawn from 23 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Southern District of New York
Position
District judge
Status
Senior status
Appointed by
George W. Bush (Republican)
Commissioned
August 8, 2008
Education
University of Pennsylvania (B.A., 1979); University of Pennsylvania (M.A., 1979); Columbia Law School (J.D., 1982)
Signed orders read
23

About Judge Gardephe

Paul G. Gardephe is a judge of the United States District Court for the Southern District of New York. Appointed by President George W. Bush, Judge Gardephe received a commission on August 8, 2008. Judge Gardephe assumed senior status on August 9, 2023.

Judge Gardephe's practices and standing orders

Rules for cases before Judge Gardephe, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Filing

Send chambers a courtesy copy of each ECF document longer than five pages.

“A. ECF-Filed Documents Over Five Pages. One courtesy copy of any document filed on ECF longer than five pages should be sent to Chambers. Courtesy copies of documents”

Motions

Pre-motion conferences are required for the specified discovery, amendment, sanctions, transfer, summary judgment, and other listed motions.

“A. Pre-Motion Conferences in Civil Cases. Pre-motion conferences are required for the following motions: discovery motions, motions to amend pleadings, motions to file a third party complaint, motions for sanctions, transfer motions, summary judgment motions, Fed. R. Civ. P. 12 motions, Fed. R. Civ. P. 21 motions, and Fed. R. Civ. P. 42 motions. Pre-motion conferences are not otherwise required. To request a pre-motion conference, send the Court a”

Discovery

Counsel should present discovery disputes in one jointly composed letter.

“E. Discovery Disputes. Unless otherwise directed, counsel should describe their discovery disputes in a single letter, jointly composed. Strict adherence to Fed. R. Civ. P. 37(a)(1), the ‘meet and confer’ rule, is required, and should be described in the joint submission as to time, place, and duration, naming the counsel involved in the discussion. The joint letter shall describe concisely the issues in dispute and the respective position of each party, with citations for supporting authority. Letters regarding discovery disputes should be filed in”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Gardephe decides

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

What persuades

In one pregnancy-discrimination dispute, he denied summary judgment on claims with disputed evidence of motive and granted it on a retaliation claim without evidence that the decisionmaker knew of the protected report.

“Defendants’ motion for summary judgment (Docket No. 18) will be DENIED as to Herbert’s discrimination claims, because there are material issues of fact as to whether Dixon’s decision to demote Herbert was motivated in whole or in part by Herbert’s pregnancy. Defendants’ motion will be GRANTED as to the whistleblower retaliation claim, however, because there is no evidence that Dixon was aware — prior to demoting Herbert— that Herbert had reported her alleged misconduct to school district authorities.”

Procedural preferences

In the cited wage dispute, the court retained supplemental jurisdiction over state-law claims tied to the federal overtime claim because they arose from the same alleged employment practices.

“For the reasons set forth below, Defendants’ motion will otherwise be DENIED.”

In a securities action involving overlapping proposed classes, he appointed co-lead plaintiffs after finding that each had the largest financial interest in a different class.

“Montague Street Group and Baron will be appointed as co-lead plaintiffs of this consolidated action”

Cautions

In one negligent-hiring and supervision suit, he granted summary judgment because the plaintiff offered no evidence that the institutional defendants knew or should have known of the alleged propensity for abuse.

“Because Plaintiff has offered no evidence that Defendants knew or should have known of Father Kennedy’s alleged propensity to commit sexual abuse, Plaintiffs negligence claims fail as a matter of law, and Defendants’ motion for summary judgment must be granted.”

In a cargo-damage dispute, unclear evidence about the shipper’s contractual relationship with the logistics provider prevented summary judgment on liability limits, although the defendant prevailed on a separate tort claim. Parties moving on a contract limitation should establish the controlling agreement and the provider’s role.

“Because the contractual relationship — if any — between UPS and Philips at that time is critical, disputed, and entirely unclear, the parties’ motions for summary judgment — except as to Plaintiffs tort claim — will be denied.”

In one securities case, he left the statutory discovery stay in place because the plaintiffs did not show a sufficiently imminent prospect of harm while dismissal motions remained pending. A request to lift a discovery stay should identify concrete near-term prejudice.

“Plaintiffs have not shown, however, a sufficiently imminent prospect of harm”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Bayer Schera Pharma AG v. Sandoz, Inc.
741 F. Supp. 2d 541 · 2010-09-28
Motion for judgment on pleadings (defendant) Granted

“Accordingly, Defendants’ motion for judgment on the pleadings will be GRANTED.”

Herbert v. City of New York
748 F. Supp. 2d 225 · 2010-10-08
Summary judgment (defendant) Granted in part

“Defendants’ motion for summary judgment (Docket No. 18) will be DENIED as to Herbert’s discrimination claims, because there are material issues of fact as to whether Dixon’s decision to demote Herbert was motivated in whole or in part by Herbert’s pregnancy. Defendants’ motion will be GRANTED as to the whistleblower retaliation claim, however, because there is no evidence that Dixon was aware — prior to demoting Herbert— that Herbert had reported her alleged misconduct to school district authorities.”

Ezagui v. City of New York
726 F. Supp. 2d 275 · 2010-06-24
Motions to dismiss (defendant) Granted in part

“Defendants’ motion to dismiss is granted as to the City of New York but otherwise denied, and Plaintiffs cross-motion for summary judgment is granted as to Defendant Harper’s liability but otherwise denied.”

Summary judgment (plaintiff) Granted in part
Morillo v. 1199 SEIU Benefit and Pension Funds
783 F. Supp. 2d 487 · 2011-03-08
Summary judgment (defendant) Granted

“For the reasons stated below, Defendant’s motion will be treated as one for summary judgment and will be GRANTED.”

Chaluisan v. Simsmetal East LLC
698 F. Supp. 2d 397 · 2010-03-23
Motions to dismiss (defendant) Denied

“For the reasons set forth below, Defendants’ motion will otherwise be DENIED.”

Bouchard v. New York Archdiocese
719 F. Supp. 2d 255 · 2010-03-24
Summary judgment (defendant) Granted

“Because Plaintiff has offered no evidence that Defendants knew or should have known of Father Kennedy’s alleged propensity to commit sexual abuse, Plaintiffs negligence claims fail as a matter of law, and Defendants’ motion for summary judgment must be granted.”

Wyckoff v. Office of Commissioner of Baseball
15 Civ. 5186 (PGG) · 2016-09-29
Motions to dismiss (defendant) Granted in part

“Defendants’ motion to dismiss Plaintiffs’ Sherman Act and Donnelly Act claims is granted. Plaintiff Wyckoffs claims under the Fair Labor Standards Act are dismissed as to all Defendants other than the Kansas City Royals.”

Agor v. Lynch
16 Civ. 2354 (PGG) · 2017-09-13
Summary judgment (defendant) Granted

“For the reasons stated above, Defendants’ motion for summary judgment is granted. The Clerk of the Court is directed to terminate the motion (Dkt. No. 16) and to close this case.”

Duarte v. St. Barnabas Hospital
1:15-cv-06824 · 2017-09-13
Summary judgment (defendant) Granted in part

“For the reasons stated above, Defendant’s motion for summary judgment is granted in part and denied in part. Defendant is granted summary judgment on Plaintiffs (1) disparate treatment discrimination claims under Title VII, the ADA, the NYSHRL, and the NYCHRL; (2) hostile work environment claims under Title VII, the NYSHRL, and the NYCHRL, to the extent those claims are premised on gender or race; (3) NYSHRL retaliation claim; and (4) FMLA interference and retaliation claims.”

In re DNTW Chartered Accountants Securities Litigation
13 Civ. 4632 (PGG) · 2016-03-21
Motions to dismiss (defendant) Granted

“For the reasons stated above, Defendants' motion to dismiss is granted.”

Okun v. Montefiore Medical Center
11 Civ. 9615 (PGG) · 2013-09-10
Motions to dismiss (defendant) Granted

“Defendants’ motion to dismiss is GRANTED.”

AIG Europe (Netherlands), N.V. v. UPS Supply Chain Solutions, Inc.
08 Civ. 2387 (PGG) · 2011-02-14
Summary judgment (defendant) Granted in part

“Defendant UPS’s motion for summary judgment (Docket No. 17) is granted as to Plaintiffs tort claim but otherwise denied.”

Summary judgment (plaintiff) Denied

“Plaintiff AIG’s cross-motion for summary judgment (Docket No. 22) is denied.”

Caseload & timing

From public federal docket records for this judge.

Duration sample drawn from 20 civil cases filed in a single window (January-February 2017) and since terminated; durations are filed-minus-terminated. The mix below is that window, not a tenure-wide caseload. The judge's current pending docket is dominated by criminal cases and prisoner petitions, which carry no completed durations.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months54
Bench trials submitted more than six months2
Bankruptcy appeals pending more than six months1
Social Security appeals pending more than six months0
Civil cases pending more than three years90
ReportMotions over six monthsCases over three years
Mar 20265490
Sep 20254979
Mar 20255968
Sep 20244066
Mar 20245375
Sep 20235877
Mar 20238065
Sep 20228453
Mar 20224547
Sep 20213581
Mar 20211274
Sep 20201463

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Southern District of New York, not for Judge Gardephe: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed9,5655.6 months
Closed with no court action1,7493.5 months
Closed before pretrial6,4165.1 months
Closed during or after pretrial1,31314.1 months
Closed during trial8751.7 months
12 months endingCases closedMedian time
Sep 20259,5655.6 months
Sep 202410,6956.4 months
Sep 202310,3165.6 months
Sep 202211,8186.1 months
Sep 202110,6625.7 months
Sep 202010,1186.6 months
Sep 201911,3576.6 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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Ezel grounds your drafting and research in this profile: what has persuaded Judge Gardephe, and what has not, cited to the signed orders.

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