Thomas Michael Rose
How Judge Rose rules, drawn from 16 signed orders. Every observation links to the order it came from.
How Judge Rose decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On cross-motions for summary judgment in insurance and contract disputes, rules count-by-count — granting a defendant partial summary judgment on covered counts while denying the plaintiff's competing motions and reconsideration.
“Defendants' Motion for Partial Summary Judgment Regarding Counts II and III, ECF 72, is GRANTED.”
In review of an agency medical-privileging decision, he denied the physician's competing merits requests and granted judgment on the administrative record to the agency.
“the Court hereby GRANTS Defendant’s Motion for Judgment on the Administrative Record (Doc. No. 97).”
Procedural preferences
Sequences case management to avoid premature work — stays briefing on FLSA court-facilitated notice until after ruling on a pending motion to dismiss.
“the Court finds it most prudent to stay briefing and consideration of Plaintiff's Motion for Court-Facilitated Notice to Potential Opt-In Plaintiffs until after the Court has ruled on the Motion to Dismiss”
Denies pretrial motions to bifurcate liability and damages, keeping the proceedings together.
“Wal-Mart's Motion To Bifurcate the Liability and Damages Proceedings (doc. #131) is OVERRULED.”
During an active appeal, he may stay both a declaratory judgment's effect and the remaining proceedings while declining to certify an interlocutory appeal after jurisdiction has shifted to the court of appeals.
“GRANTS, IN PART, and DENIES, IN PART, MedPro’s Motion to Certify Order for Interlocutory Appeal and for Stay of Proceedings (Doc. No. 93)”
Cautions
Adopts magistrate Reports and Recommendations; on a pro se ADA suit, dismissed the complaint without prejudice and denied the accompanying preliminary injunction.
“Defendant's Amended Motion To Dismiss (ECF 14) is GRANTED, Plaintiff's Complaint (ECF 1-1) is DISMISSED WITHOUT PREJUDICE”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Wal-Mart's Motion To Bifurcate the Liability and Damages Proceedings (doc. #131) is OVERRULED.”
“the Court DENIES the Motion to Remand (Doc. 5) and Motion to Dismiss (Doc. 7) as moot.”
“the Court GRANTS Plaintiff's Motion for Leave”
“Defendant's Amended Motion To Dismiss (ECF 14) is GRANTED, Plaintiff's Complaint (ECF 1-1) is DISMISSED WITHOUT PREJUDICE”
“Plaintiff's Motion for a Preliminary Injunction (ECF 2) is DENIED”
“Plaintiff Dean Gillispie's Civ. R. 21 Motion to Dismiss Defendants Thomas Angel, Steven Gray, and John DiPietro (Doc. 243) is GRANTED and all counts against Defendants Thomas Angel, Steven Gray, and John DiPietro are DISMISSED with prejudice”
“The Joint Motion of Defendants Miami Township, Ohio and Matthew Scott Moore to Strike Stipulations of Dismissal ... (Doc. 190) is DENIED as moot”
“Plaintiffs' Motion for Partial Summary Judgment, ECF 49, Plaintiffs' Motion for Reconsideration of Partial Summary Judgment, ECF 70, and Plaintiffs' Second Motion for Summary Judgment, ECF 83, are DENIED.”
“Defendants' Motion for Partial Summary Judgment Regarding Counts II and III, ECF 72, is GRANTED.”
“the Court finds it most prudent to stay briefing and consideration of Plaintiff's Motion for Court-Facilitated Notice to Potential Opt-In Plaintiffs until after the Court has ruled on the Motion to Dismiss”
“the Court hereby GRANTS Defendants’ Motion for Summary Judgment (Doc. No. 29) in all respects. Call’s Complaint (Doc. No. 1) is hereby DISMISSED.”
“the Court GRANTS, IN PART, AND DENIES, IN PART, Safeco Insurance Company of Indiana’s Motion for Summary Judgment (Doc. No. 20).”
“the Court GRANTS Defendant’s Motion to Dismiss. (Doc. 6.) Because any amendment would be futile, the Court DENIES Plaintiff’s Motion to Amend.”
“Because any amendment would be futile, the Court DENIES Plaintiff’s Motion to Amend. (Docs. 9, 10.)”
“the Court GRANTS, IN PART, and DENIES, IN PART, the District’s Motion for Summary Judgment (Doc. No. 20). Specifically, the Court DENIES the District’s Motion on Proffitt’s claim for FMLA interference. However, the Court GRANTS the District’s Motion with respect to Proffitt’s claims for disability discrimination”
“The Commissioner’s decision is AFFIRMED”
“Petitioner’s Motion for Leave to Proceed in forma pauperis (Doc. No. 1) is DENIED”
Caseload & timing
From public federal docket records for this judge.
The 2023 Dayton sample includes federal criminal matters, removed personal-injury, motor-vehicle, and insurance disputes, an FTC Act action, an immigration mandamus case, and state-prisoner habeas matters. It is an illustrative caseload sample rather than a random selection.
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