Michael H. Simon
How Judge Simon rules, drawn from 8 signed orders. Every observation links to the order it came from.
How Judge Simon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Denies summary judgment sought to enforce a disputed settlement where the record leaves genuine disputes over whether a party's former attorney had actual or apparent authority to settle (e.g. equivocal client emails), and denies the accompanying sanctions motion.
“The Court DENIES Defendant's motion for summary judgment, ECF 34, and DENIES Defendant's motion for sanctions, ECF 34.”
In constitutional emergency-relief cases, treats evidence of targeted arrests and chilling of protected activity as irreparable harm and tests the requested injunction against the government’s actual experience complying with interim relief.
“Defendants have complied with the Court's Temporary Restraining Order for 28 days without problem or prejudice, let alone any risk of irreparable harm.”
Procedural preferences
Willing to transfer venue under the convenience factors when the operative conduct and witnesses lie elsewhere and the only local tie is a defendant's headquarters.
“The Court GRANTS Defendant's alternative motion to transfer venue, ECF 34, and transfers this case to the United States District Court for the Western District of Texas.”
Cautions
Enforces service-of-process requirements strictly, granting a Rule 12(b)(5) dismissal where service was not reasonably calculated to apprise the defendant and holding that actual notice does not cure a defective manner of service; declines to allow re-service where it would be futile.
“ADT's motion to dismiss (Dkt. 7) is GRANTED and this case is DISMISSED without prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Court DENIES Defendant's motion for summary judgment, ECF 34, and DENIES Defendant's motion for sanctions, ECF 34.”
“The Court GRANTS Defendant's alternative motion to transfer venue, ECF 34, and transfers this case to the United States District Court for the Western District of Texas.”
“Accordingly, Plaintiff did not baselessly challenge the settlement agreement, and sanctions are not warranted.”
“GRANTS IN PART and DENIES IN PART PGE's motion for summary judgment (ECF 68). The Court grants PGE's motion for summary judgment against Grand Ronde's affirmative defenses of laches and failure to exhaust administrative remedies but denies PGE's motion as to all other claims.”
“the Court DENIES Grand Ronde's motion for summary judgment (ECF 66)”
“ADT's motion to dismiss (Dkt. 7) is GRANTED and this case is DISMISSED without prejudice.”
“The Court DENIES Defendants' motion for summary judgment, ECF 38.”
“The Court DENIES Defendants’ Motion to Dismiss, ECF 2567.”
“The Court GRANTS Plaintiffs' Motion”
“The Court DENIES Defendants' request”
“The Court ADOPTS Judge Beckerman’s Findings and Recommendation, ECF 73. The Court GRANTS Defendant’s Motion for Summary Judgment, ECF 68.”
“The Court GRANTS Defendant’s Motion to Dismiss (ECF 22) and DISMISSES Plaintiff’s Complaint (ECF 13) with prejudice.”
“The Court DENIES AS MOOT Plaintiff’s Motion for Leave to File an Amended Complaint (ECF 21), Defendant’s Motion to Stay (ECF 30), and Plaintiff’s Motion for ESI Preservation Order (ECF 32).”
Caseload & timing
From public federal docket records for this judge.
The 2020-2021 case sample includes employment and prisoner civil-rights matters, insurance coverage, public-records and press-access disputes, False Claims Act cases, and criminal matters. Reported durations measure the life of each case, not the time taken to decide a motion.
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