Mildred Cabán Flores
How Judge Flores rules, drawn from 19 signed orders. Every observation links to the order it came from.
How Judge Flores decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Facial plausibility requires pleaded facts that support a reasonable inference of liability.
“A claim has facial plausibility when the pleaded factual content allows the court to draw”
An unopposed summary-judgment record can establish entitlement to judgment when the unanswered statement of facts is deemed admitted.
“A party's failure to provide a response to the movant's statement of undisputed facts shall cause the Court to deem each of the movant's facts as admitted.”
When dismissal and reinstatement disrupt a claims deadline, the court may recalculate the deadline to preserve the full filing period and fundamental fairness.
“In conclusion, under our particular set of facts, the Court determines that in all fairness to the bankruptcy process the bar date is recalculated to September 6, 2012.”
A creditor's failure to disclose asserted mortgage arrears during the bankruptcy prevented a later collection ambush after the debtor emerged from the case.
“This type of ambush is precisely what Fed. R. Bankr. P. 3002.1 seeks to avoid.”
Procedural preferences
A stay pending appeal fails at the threshold when the movant cannot make a strong showing of likely success; the court need not reach the remaining factors.
“After having found that the Debtor failed to satisfy the first requirement that must be considered when faced with a request for a stay pending appeal, the court need not proceed any further in its analysis.”
Newly discovered evidence requires a showing of diligence and an explanation of why the evidence could not have been obtained before judgment.
“The Defendant here did not show its diligence to obtain the evidence prior to the court’s entry of partial summary judgment and why this evidence could not have been acquired earlier.”
Repeated noncompliance with discovery orders supported both compelled production and reasonable attorney fees and costs.
“Defendants have failed to comply with court discovery orders in this action.”
Cautions
Rule 60 cannot be used to repackage an untimely reconsideration theory as newly discovered evidence or extraordinary relief.
“Simply put, this motion is a disguised Fed. R. Civ. P. 59 motion for reconsideration.”
The automatic stay protecting individual debtors does not extend to a legally separate corporation merely associated with their trade name.
“Therefore, by having continued the Local Court Action solely as to the Galaxy Prints corporation, the Court determines that there has been no violation towards Debtors' automatic stay”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Therefore, the Defendant’s motion to dismiss is denied.”
“For the above stated reasons, Debtor’s request for dismissal on Docket No. 99 is granted.”
“Given that in the present case there appears to be a valid legal dispute, BPPR’s request for an award of costs and attorney’s fees of an amount not less than $10,000.00 is denied.”
“Because there is no disputed issue of material facts, and given that Defendants are entitled to summary judgment as a matter of law, Defendants' motion for summary judgment is hereby GRANTED.”
“As such, the Court finds that the proof of claim number 8 filed by Bowles on August 7, 2012, was timely filed and allowed as a general unsecured claim.”
“Consequently, the debtor’s objection to claim number 8 (Docket No. 41) filed by Bowles Pools & Spa is denied.”
“WHEREFORE IT IS ORDERED that defendant’s motion to dismiss (Adv. No. 07-048, Docket No. 36) shall be, and hereby is, GRANTED.”
“As such, the motion for summary judgment and its opposition are considered MOOT.”
“The Debtor’s motion to stay pending appeal (Docket No. 191) is denied.”
“WHEREFORE, IT IS HEREBY ORDERED that Plaintiff's motions for reconsideration (Docket No. 17 and 19) are DENIED.”
“motion for stay pending appeal on Docket No. 60 is denied.”
“Based on the aforementioned, Nater’s motion to dismiss is granted as to count three of the amended complaint but is denied as to counts one and two of the amended complaint.”
The court dismissed the case after show-cause proceedings concerning eligibility, incomplete disclosures, and noncompliance with a disclosure order.
“The court grants the Plaintiff’s motion for summary judgment (Docket No. 128).”
“The oppositions to the summary judgment and cross-motion for summary judgment filed by the Defendants (Docket Nos. 139 & 148) are denied.”
After show-cause proceedings, the court abstained from a two-party domestic dispute and alternatively dismissed for failure to comply with domestic-support payment orders.
Caseload & timing
From public federal docket records for this judge.
The adversary remained pending in the index when reviewed.
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