Victor Marrero
How Judge Marrero rules, drawn from 22 signed orders. Every observation links to the order it came from.
How Judge Marrero decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A reconsideration request must identify overlooked facts or controlling law that could change the prior result.
“The Court finds that the Trust Defendants have not presented any new facts or controlling law that the Court overlooked which might reasonably be expected to alter the Court’s Decision Order.”
Procedural preferences
He applies Rule 15's liberal amendment standard while testing for delay, bad faith, repeated pleading failures, prejudice, and futility.
“Prior to trial, leave to file an amended complaint ‘shall be freely given’ in the absence of factors such as ‘undue delay, bad faith, or dilatory motive on the part of the movant, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, futility of amendment, etc.’”
Cautions
Challenges to a transferee court's ruling belong in that court or its appellate circuit, not through collateral reconsideration by the transferor court.
“The far more efficient, practicable, and proper course of action is for a party that believes a trans*366feree court made an improper ruling of law to address the dispute before the transferee court, or-appeal to that court’s appellate court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that retaining counsel and pursuing claims against third parties, including CCME’s former insurers, is within the realm of the powers granted to Karl Barth”
“ORDERED that the Clerk of Court is directed to transfer this case to the District of New Jersey pursuant to 28 U.S.C. § 1404(a).”
“Accordingly, the Court DENIES the Trust Defendants’ motion for reconsideration (Docket No. 79).”
“the Lous’ request for leave to re-plead is hereby DENIED.”
“ORDERED that all proceedings in this matter are STAYED pending further order of this Court”
“Accordingly, Fishman’s request is denied.”
“again granted the Plaintiffs’ motion and denied the Defendants’ motion”
“ORDERED that the motion of defendants S.A.C. Capital Advisors, L.P., S.A.C. Capital Advisors, Inc., CR Intrinsic Investors, LLC, CR Intrinsic Investments, LLC, S.A.C. Capital Advisors, LLC, S.A.C. Capital Associates, LLC, S.A.C. International Equities, LLC, S.A.C. Select Fund, LLC, and Steven A. Cohen (Dkt. No. 224) for withdrawal of the Court’s September 15 ' Order and leave to brief further objections to the Magistrate Judge’s September 10 Order is DENIED.”
“the motion in limine (Docket No. 47) of plaintiff NES Financial Corp. (‘NES’) to preclude defendant JPMorgan Chase Bank, N.A. (‘JPMorgan’) from identifying certain customers at the trial of this action is DENIED in part and GRANTED in part as set forth above”
“NES’s motion in limine (Docket No. 47) to preclude JPMorgan from introducing information from the Duff & Phelps report referred to above is GRANTED.”
“ORDERED that the motion (Docket No. 55) of defendant Marisol Rivas to reduce her sentence is DENIED.”
“ORDERED that the motion of Kolel Beth Yechiel Mechil of Tartikov, Inc. (‘Kolel Beth’) for specific performance (Dkt. No. 3) is hereby GRANTED”
“Accordingly, the Court GRANTS the Government’s request.”
“ORDERED that the motion (Docket No. 1) of plaintiff Albert Vazquez Alvarez for the return of certain property seized from him is DENIED.”
“ORDERED that the request of defendant Standard Chartered Bank (‘Standard Chartered’) for a pre-motion conference (Dkt. No. 29, 30) is DENIED”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 251 days (N = 8).
Five of the eight sampled matters involved copyright or trademark claims.
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