H. Kenneth Schroeder Jr.

How Judge Schroeder rules, drawn from 9 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Western District of New York
Position
Magistrate judge
Commissioned
June 1, 2000
Education
Canisius College (B.S., 1958); University at Buffalo School of Law (J.D., 1961); Georgetown University Law Center (LL.M. and Certificate of Proficiency in Trial Advocacy, Judge E. Barrett Prettyman Fellowship, 1961-1962)
Signed orders read
9

About Judge Schroeder

H. Kenneth Schroeder Jr. has served as a United States Magistrate Judge for the Western District of New York since June 2000. He earned a law degree from the University at Buffalo School of Law and was reappointed to another eight-year term in 2024.

Judge Schroeder's practices and standing orders

Rules for cases before Judge Schroeder, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Motions

Oral argument is not required for every motion, and courtesy copies are required for criminal pretrial motions and civil dispositive motions.

“Oral argument is not required for every motion. When it is requested or the Court desires oral argument, the Court will set return dates and schedule oral argument.”

Motions

Judge Schroeder requires courtesy copies of all criminal pretrial motions and civil dispositive motions.

“Judge Schroeder requires courtesy copies of all pretrial motions in criminal cases and dispositive motions in civil cases.”

Motions

A consensual extension should be requested by letter rather than formal motion and must list prior extensions or adjournments.

“When parties agree on a request for an extension, they should send a letter request to Judge Schroeder instead of filing a formal motion.”

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 9, 2026).

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

How Judge Schroeder decides

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

What persuades

In a due-process dispute over a disciplinary hearing officer's reliance on staff misconduct reports, Schroeder found qualified immunity applied because the reports were not obviously falsified: reasonable reliance on a subordinate's account defeats a later bias challenge unless the falsification was apparent at the time.

“This reliance, in and of itself, was not unreasonable as it was not apparent that the reports were falsified.”

Procedural preferences

In Schmigiel's Social Security appeal, Schroeder granted the claimant's motion, denied the Commissioner's cross-motion, and remanded because the administrative law judge did not explain why she rejected several providers' lifting restrictions.

“Where, as here, an ALJ fails to provide a basis for rejecting the limitations”

Cautions

In a prisoner medical-care claim, Schroeder held that documented but modest injuries (lacerations, an abrasion) did not meet the Eighth Amendment's objective 'serious medical need' threshold as a matter of law: a caution for civil-rights plaintiffs to develop the medical record on injury severity before relying on a use-of-force incident alone.

“Such injuries do not, as a matter of law, rise to the level of a ‘serious medical condition’ warranting Eighth Amendment protection.”

Signed rulings

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

Booth Oil Site Administrative Group v. Safety-Kleen Corp.
98-CV-696(A) · 2007-09-27
Motions to dismiss (defendant) Granted

“GRANTS Lonsdale Schofield's motion (Dkt.# 162), to dismiss the first cause of action (CERCLA), without prejudice”

Summary judgment (defendant) Denied

“DENIES Booth Oil's motion (Dkt.# 165), for partial summary judgment dismissing the fifth cause of action (accounting)”

Motions to dismiss (defendant) Denied

“DENIES Joseph Chalhoub’s motion ... on the first cause of action (CERCLA);”

Summary judgment (plaintiff) Granted

“GRANTS plaintiff's motion (Dkt.# 175), for summary judgment against Booth Oil on the first cause of action (CERCLA liability)”

Centeno-Bernuy v. Becker Farms
01-CV-839A · 2008-06-17
Summary judgment (plaintiff) Granted

“grants plaintiffs' motion for summary judgment on defendants' affirmative defense and counterclaim for breach of contract”

Summary judgment (defendant) Granted

“grants defendants' motion for summary judgment on plaintiffs' AWPA claim”

Summary judgment (defendant) Denied

“denies defendants' motion for summary judgment with regard to plaintiffs' remaining claims”

Mitskovski v. Buffalo & Fort Erie Public Bridge Authority
· 2010-01-22
Summary judgment (defendant) Granted

“Respondent's motion for summary judgment (Dkt. #44), is GRANTED”

Summary judgment (plaintiff) Denied

“Petitioner's motion for summary judgment (Dkt. #52), is DENIED”

Britt v. Buffalo Municipal Housing Authority
· 2010-07-26
Motion to substitute party (plaintiff) Denied

“this Court accepted Magistrate Judge Kenneth Schroeder's Report, Recommendation, and Order (Docket No. 268) which, noting Jeri Giwa's death, dismissed Giwa from the lawsuit and denied Britt leave to substitute a party.”

Sloane v. Borawski
· 2014-12-04
Summary judgment (defendant) Granted in part

“defendants' motion for summary judgment (Dkt. # 27) is granted in part and denied in part.”

Ruggiero v. Prack
· 2016-03-11
Summary judgment (defendant) Granted in part

“defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART”

Summary judgment (plaintiff) Granted in part

“plaintiff's cross-motion for summary judgment is GRANTED IN PART and DENIED IN PART”

New York v. PVS Chemicals, Inc.
1:97-cv-00596 · 2018-07-27
Motion to enforce settlement (defendant) Granted in part

“The State of New York is precluded from commencing further proceedings against PVS Chemicals to develop, implement or fund an inactive hazardous waste disposal remediation program for PVS Chemicals' Buffalo facility relating to environmental conditions known to it at the time of the 2002 Order of Settlement. The remainder of PVS Chemicals' request for relief is denied.”

Kristie A. v. Commissioner of Social Security
1:25-cv-00242-HKS · 2026-09-28
Judgment on the pleadings (claimant) Denied

“plaintiff’s motion for judgment on the pleadings (Dkt. #5), is denied”

Judgment on the pleadings (Commissioner) Granted

“the Commissioner’s motion for judgment on the pleadings (Dkt. #12), is granted.”

Hoffman v. Commissioner of Social Security
1:25-cv-00428-HKS · 2026-10-23
Judgment on the pleadings (claimant) Denied

“plaintiff’s motion for judgment on the pleadings (Dkt. #9) is denied”

Judgment on the pleadings (Commissioner) Granted

“the Commissioner’s motion for judgment on the pleadings (Dkt. #12) is granted.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 590 days (N = 10).

Median motion-to-ruling time: 276 days (N = 14).

  • A criminal-duty docket of magistrate-number pretrial matters (initial appearances, detention hearings, guilty pleas taken on referral, largely immigration-related in the current era given Buffalo's border location) runs alongside a consent (28 U.S.C.
  • Section 636(c)) civil docket that is now dominated by Social Security disability appeals, with a longer-running mix of prisoner civil-rights suits, employment and civil-rights cases, an insurance dispute, product-liability and CERCLA/environmental matters, a RICO case, and more recent consumer (FDCPA) and personal-injury matters from the 1990s to the present.

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 months33
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years6
ReportMotions over six monthsCases over three years
Mar 2026336
Sep 2025397
Mar 2025256
Sep 2024347
Mar 2024296
Sep 2023245
Mar 2023586
Sep 2022585
Mar 2022564
Sep 2021533
Mar 2021473
Sep 2020384

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 U.S. District Court for the Western District of New York, not for Judge Schroeder: 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 closed1,4999.1 months
Closed with no court action918.7 months
Closed before pretrial1,3448.6 months
Closed during or after pretrial5628.5 months
Closed during trial8not reported
12 months endingCases closedMedian time
Sep 20251,4999.1 months
Sep 20241,7837.9 months
Sep 20231,76815.5 months
Sep 20221,89215.7 months
Sep 20212,13014.1 months
Sep 20202,17714.7 months
Sep 20191,97114.8 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).

Draft for Judge Schroeder with the record in hand

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

Opens in Ezel Pro.

  • Grounded in Judge Schroeder's own signed orders
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace