Timothy D. DeGiusti
How Judge DeGiusti rules, drawn from 25 signed orders. Every observation links to the order it came from.
How Judge DeGiusti decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Adopts thorough magistrate R&Rs in full where objections are non-specific or untimely; a blanket objection that fails to cite the specific information allegedly ignored does not preserve the issue for de novo (or appellate) review.
“this type of blanket objection without argument or authorities, is not sufficient to preserve an issue for further review.”
In a jail-conditions summary-judgment record, testimony about longstanding understaffing and underfunding was enough to leave the existence of a municipal policy or custom for a jury.
“a jury could conclude that the Board maintained an official policy or custom of understaffing and underfunding the Jail.”
Procedural preferences
Strict on the LCvR37.1 meet-and-confer requirement; denies discovery motions that skip it and prefers an in-chambers face-to-face conference between lead counsel before any discovery hearing.
“it is this Court's customary practice to require a face-to-face meeting between lead counsel for the parties in chambers before conducting a hearing on a discovery motion.”
He may defer confirmation of an arbitration award where a consolidated action remains active, the opposing party has announced an intent to challenge the award, and the statutory vacatur period has not expired.
“For these reasons, and given the unique circumstances of this case, the Court declines to confirm and enter judgment on the arbitration at this time.”
Cautions
Reconsideration / Rule 59(e) motions are disfavored 'extreme remedies'; will not entertain expanded arguments, points raised for the first time in reply (deemed waived), or rehashing of decided issues.
“A motion to reconsider is not a second opportunity for the losing party to make its strongest case, to rehash arguments, or to dress up arguments that previously failed.”
Pro se litigants get liberal construction but no advocacy: the court will not create arguments for them or excuse non-compliance with the federal rules.
“courts are not to serve as a pro se plaintiff's advocate and are not bound to create arguments for a plaintiff merely because he is pro se.”
The written sample is not a general tendency measure and now includes a short cluster of immigration-habeas decisions alongside civil-rights, commercial, insurance, and criminal matters.
“Respondents shall provide Petitioner with a prompt bond hearing under 8 U.S.C. § 1226(a), or release Petitioner.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendant Stewart's Motion to Dismiss [Doc. No. 6] is GRANTED; ... Defendant OCCJA's Motion to Dismiss [Doc. No. 39] is GRANTED; Defendant Turn Key's Motion to Dismiss [Doc. No. 41] is GRANTED ... Based on these rulings, Plaintiff's Complaint [Doc. No. 1] is DISMISSED without prejudice.”
“Defendant CJ's Bail Bonds' Motion for Summary Judgment [Doc. No. 16] is GRANTED;”
“Defendant Stewart's Motion for Sanctions [Doc. No. 32] is DENIED;”
“Defendant's Motion for Summary Judgment [Doc. No. 18] is GRANTED. All Plaintiff's motions are moot and, therefore, DENIED.”
“IT IS THEREFORE ORDERED that Plaintiff's Motion for New Trial and Brief in Support [Doc. No. 62] is DENIED.”
“IT IS THEREFORE ORDERED that Plaintiff's Motion to Reconsider [Doc. No. 92] is DENIED.”
“IT IS THEREFORE ORDERED that Defendant's Motion to Compel [Doc. No. 30] is DENIED without prejudice to a future submission upon compliance with LCvR37.1.”
“Defendant Century Trucking, Inc.'s motion to dismiss [Doc. No. 6] is GRANTED.”
“the Court finds that it does not have jurisdiction to enjoin the Defendants as requested and, alternatively, Plaintiff has failed to establish the necessary factors supporting an injunction, and therefore DENIES Plaintiff's Motion for a Preliminary Injunction [Doc. No. 26].”
“the Court ADOPTS the Report and Recommendation [Doc. No. 23] in its entirety and GRANTS Plaintiff's Motion [Doc. No. 20].”
“Plaintiffs' Motion to Remand to State Court [Doc. No. 16] is GRANTED, and the case is REMANDED to the District Court of Cleveland County, Oklahoma.”
“Defendant's Replacement Motion for Partial Summary Judgment & Memorandum in Support of Its Motion [Doc. No. 32] is GRANTED IN PART and DENIED IN PART, as fully set forth herein.”
“the Motion to Dismiss of Defendants Greg Williams and Kevin Wagner [Doc. No. 60] is GRANTED. Plaintiff's action against these defendants is DISMISSED without prejudice.”
“the Motion to Dismiss of Defendants Sue Ann Arnall, Joe Allbaugh, Francie Ekwerekwu, Todd Lamb, Jim Couch, Ben Brown, and M.T. Berry [Doc. No. 59] is GRANTED. Plaintiff's action against these defendants is DISMISSED without prejudice.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 94 days (N = 17).
The sample mixes civil and criminal matters, with a substantial pro se prisoner and habeas component frequently referred to magistrate judges, alongside counseled commercial, insurance, and contract litigation.
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