David G. Larimer
How Judge Larimer rules, drawn from 20 signed orders. Every observation links to the order it came from.
Judge Larimer no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Larimer
David G. Larimer joined the United States District Court for the Western District of New York after receiving his commission on November 6, 1987. He assumed senior status on March 3, 2009. The court now lists him as inactive.
How Judge Larimer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Johnson v. City of Rochester, he held that disputed accounts of an officer’s justification for a stop raised credibility questions for a jury rather than summary judgment.
“Those matters involve Laureano's and plaintiff's respective credibility, which cannot be determined on a motion for summary judgment, ‘for these are 'jury functions, not those of a judge.'’”
In Strong v. Zucker, he found the plaintiff’s claimed mask-related inconveniences self-imposed because the plaintiff could attend the identified activities while wearing a mask.
“Assuming arguendo that these even qualify as ‘harms,’ they are plainly harms of plaintiff's own making. By his own admission, he could go to the gym and sell at the farmers market, as long as he wears a mask. He chooses not to.”
In Koul v. University of Rochester, he dismissed a faculty member’s contract claim because the handbook’s personnel-record and grievance provisions did not limit the university’s discretion over reappointment.
“In the absence of such limitation on the University’s discretion, Koul has not stated a breach of contract claim.”
Procedural preferences
In Grishaber v. Sheike, he adopted an unopposed magistrate judge’s report in full after reviewing it and finding no reason to change it.
“No objections have been filed. I have carefully reviewed the Report and I see no reason to modify, alter or change it. I adopt it in full.”
Cautions
In Baxter v. Wagner, he dismissed a pro se civil-rights case with prejudice after the plaintiff missed his deposition and did not answer the dismissal motion. He weighed willfulness, delay, prior written warnings, prejudice to the defendant, and the usefulness of lesser sanctions.
“Given plaintiff’s failure even to respond to the motion to dismiss, it appears that he essentially stopped prosecuting the case after his release from DOCCS custody.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the plaintiff's motion is denied, the Commissioner's cross motion for judgment on the pleadings (Dkt. #7) is granted, and the complaint is dismissed.”
“For the above-stated reasons, the University’s motion for summary judgment (Dkt. # 36) is GRANTED. Koul’s Complaint, therefore, is DISMISSED in its entirety and with prejudice.”
“Plaintiff's motion for reconsideration (Dkt. #43) is in all respects denied.”
“Defendants' motion for summary judgment (Dkt. #29) is granted in part and denied in part. Defendants' motion is granted as to the fourth and tenth causes of action... In all other respects, defendants' motion is denied.”
“Plaintiff's motion for a temporary restraining order and preliminary injunction (Dkt. #11) is denied.”
“Defendant's motion to dismiss the complaint (Dkt. #27) is granted, and the complaint is dismissed.”
“defendants' motion to dismiss the complaint (Dkt. #3) is granted, and the complaint is dismissed.”
“Plaintiffs' motion for 'clarification and/or reconsideration' (Dkt. #329) of the Court's November 3, 2016 order regarding prejudgment interest is denied.”
“Defendants' motion to dismiss based on the parties settlement (Dkt. #137) is granted. It is hereby ORDERED, that the action and all claims and cross-claims therein are hereby dismissed with prejudice.”
“I adopt it in full. It is, therefore ORDERED, that this case is hereby dismissed with prejudice and the Clerk is directed to close the case.”
“Defendant's motion to dismiss for lack of prosecution (Dkt. #41) is granted, and the complaint is dismissed with prejudice.”
“the defendant’s motion for summary judgment (Dkt. # 17) is granted, and the complaint is dismissed in its entirety, with prejudice.”
Caseload & timing
From public federal docket records for this judge.
- The sampled 2019-2024 cohort is dominated by pro se prisoner civil-rights suits and in forma pauperis screenings, with a steady stream of Social Security disability appeals and occasional civil-rights, employment, and commercial matters.
- Several of his prisoner cases show a long tail on appeal: one case was up to the Second Circuit twice, each time with a partial vacatur and remand, before finally closing five years after filing.
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 months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 0 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2026 | 0 | 0 |
| Sep 2025 | 0 | 0 |
| Mar 2025 | 0 | 0 |
| Sep 2024 | 8 | 4 |
| Mar 2024 | 10 | 7 |
| Sep 2023 | 11 | 9 |
| Mar 2023 | 12 | 10 |
| Sep 2022 | 9 | 18 |
| Mar 2022 | 6 | 18 |
| Sep 2021 | 15 | 15 |
| Mar 2021 | 20 | 18 |
| Sep 2020 | 28 | 20 |
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.
A historical record
Judge Larimer no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.