Susan E. Schwab
How Judge Schwab decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On Social Security step-three challenges, requires an ALJ to actually apply the specific listing factors (here, the migraine-equivalence factors under SSR 19-4p), not merely gesture at a fuller discussion elsewhere in the decision.
“We agree that the ALJ did not need to include more in his step three analysis. We disagree, however, with the position that the ALJ's discussion about Fewell's headaches later in the decision was sufficient ... the ALJ does not include an analysis of many of the factors associated with Listing 11.02.”
Evaluates hostile-work-environment claims holistically across the full run of alleged incidents rather than crediting isolated grievances viewed in isolation.
“pervasive means not just episodic, but sufficiently continuous and concerted ... we consider the totality of the circumstances and the entire scenario regarding Trevizo's work environment.”
Distinguishes residence from domicile precisely when screening diversity-jurisdiction pleading, rather than accepting a pro se plaintiff's residency allegation as sufficient.
“'[r]esidence is not the same as domicile and does not establish citizenship for diversity purposes.' ... '[a]lleging residency alone is insufficient to plead diversity of citizenship.'”
Procedural preferences
Grants leave to amend claim-by-claim rather than all-or-nothing where several distinct legal theories are pled, isolating the one theory that survives futility analysis instead of denying amendment wholesale.
“With the possible exception of a RESPA claim against Bank of New York Mellon ... we will grant Papapietro leave to amend but only as to a RESPA claim against Bank of New York Mellon based on the assignment to U.S. Bank.”
In case-management preferences, expects counsel's joint case management plan to be followed closely once entered, sets discovery to about six months in a standard-track case, and typically fixes a date-certain for jury selection early rather than leaving trial scheduling open-ended.
“I anticipate giving counsel's joint case management plan great weight ... these deadlines typically will not be extended, absent unusual circumstances.”
Before dismissing a pro se litigant for failure to prosecute, goes out of her way to ensure notice was actually received -- including re-serving a returned mailing under a name variant -- and works methodically through all six Poulis factors rather than resting on the litigant's silence alone.
“in an abundance of caution, we gave Ivy one final opportunity to show cause why this action should not be dismissed ... we directed the Clerk of Court to serve the show cause order on Ivy under both the name Jabril Ivy and Jubril Ivy.”
Cautions
A pro se litigant's speculative accusations of bad faith by an opposing party or agency, unsupported by more than suspicion, will not carry a claim past the merits stage.
“his claims do not rise above a speculative level ... it is not evidence that the Parole Board's decision was arbitrary or capricious.”
A second amendment that only adds surface detail to previously-identified pleading deficiencies, without curing them, will draw a second dismissal with no further leave to amend.
“The allegations in the amended complaint either do not address the deficiencies at all or present only superficial amendments ... we conclude that further leave to amend would be futile.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS RECOMMENDED that the defendants' motion for summary judgment be GRANTED.”
“we recommend that Wright's complaint be DISMISSED pursuant to 28 U.S.C. § 1915A(b)(1) because it fails to state a claim upon which relief may be granted. We further recommend that Wright be given leave to file an amended complaint.”
“upon consideration of Defendant's Unopposed Motion to Remand, and any response thereto, it is hereby ORDERED that Defendant's Motion is GRANTED, and this case is remanded to the Commissioner for further proceedings.”
“we recommend that the court grant Judge Vedder's motion to dismiss (doc. 12)”
“we recommend that the court grant ... Attorney Hoke's motion to dismiss (doc. 28) ... We conclude that amendment of the Complaint would be futile.”
“We also recommend that the court deny Attorney Spurlin's motion to dismiss (doc. 13) and Attorney Fernandez, Kermit, Raymond, and Finkel & Fernandez's motion to dismiss (doc. 11).”
“it is recommended that the court dismiss the complaint for lack of subject-matter jurisdiction. It is also recommended that the court give Tufano leave to file an amended complaint to attempt to plead subject-matter jurisdiction.”
“Because this court lacks subject-matter jurisdiction, we recommend that the court remand this case to the Court of Common Pleas of Lackawanna County.”
“we will grant the pending motions to dismiss. Docs. 15, 22, 39, 48, 65. We will also grant Papapietro limited leave to amend.”
“we recommend that the court vacate the decision of the Commissioner and remand the case to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).”
“we recommend that the Court dismiss Buckner's second amended complaint without granting her leave to amend.”
“it is recommended that the court dismiss this action in accordance with Fed. R. Civ. P. 41(b), and that the court dismiss as moot the pending motions (docs. 16, 36) to dismiss the complaint.”
“we will further recommend that the court dismiss the pending motions to dismiss as moot.”
“we will deny Petitioner Salsman's petition for a writ of habeas corpus and we will deny a certificate of appealability.”
“we recommend that the court grant Lackawanna County's motion to dismiss (doc. 12)”
“we recommend denying the City Defendants' motion to dismiss insofar as it seeks dismissal of Combs's illegal search, false imprisonment, fabrication of evidence, and state law claims against Petrucci and Hyler ... we recommend granting the motion to dismiss insofar as it seeks the dismissal of Combs's false arrest, malicious prosecution, Brady, First Amendment, and Fifth Amendment claims”
Caseload & timing
From public federal docket records for this judge.
Her enumerated caseload (2021 and 2023 filing-year cohorts) is a broad general civil docket: Social Security disability appeals (NOS 863/864/865), section 1983 prisoner and non-prisoner civil-rights suits, motor-vehicle and insurance diversity cases, employment discrimination (Title VII, ADA, ADEA), ERISA benefit-fund collections, and occasional criminal-magistrate matters (detention hearings, misdemeanor proceedings). Many general civil cases resolve by settlement (e.g. Moyer v. Weiner Iron and Metal, dismissed without costs after a settlement conference before a different magistrate judge) rather than a contested ruling.
Put Judge Schwab's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Schwab actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Schwab's own signed orders and cites them.