Bruce J. McGiverin
Judge McGiverin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge McGiverin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In discrimination/harassment employment suits, methodically works through each named individual defendant's exposure under each Puerto Rico statute rather than blending them: dismisses claims against individual supervisors where a statute (Title VII, Law 80, Law 115) categorically bars individual liability, but lets a claim proceed against the same supervisors where the statute (Law 17, Law 69) recognizes it when the supervisor personally committed harassment, not just retaliation.
“a sexual harasser acts as an individual while 'acts of retaliation always constitute actions committed by the employer as employer' ... Thus, though Martinez-Falcon alleges retaliation, she has also undoubtedly alleged sex discrimination and sexual harassment by Bauza and Rios for which each could be held individually liable under Law 17 and Law 69.”
In Social Security appeals, will find reversible error where an ALJ evaluates only a claimant's severe impairments and fails to explain how a non-severe impairment (there, depression) was considered in combination with the rest when setting the residual functional capacity -- a boilerplate 'no mental limitations' conclusion is not enough.
“An ALJ does not meet the requirement of 20 C.F.R. §1523(c) merely by finding that an impairment is not severe either alone or in combination with other impairments but must actually address non-severe impairments when assessing an RFC.”
Procedural preferences
In Social Security appeals, applies the deferential substantial-evidence standard rigorously and will affirm even where an ALJ's stated reasoning contains isolated factual slips, so long as other record evidence independently supports the same conclusion (an ALJ's harmless misstatement about a claimant's treatment history did not warrant remand where a later medical opinion reached the same result).
“the ALJ went beyond omitting or interpreting evidence by incorrectly stating that Martinez-Carrion received no corticosteroid injections or surgery referrals. ... However, that error was harmless because Dr. Gonzalez-Mendez's RFC reconsideration postdates both events and nevertheless found Martinez-Carrion not disabled.”
Enforces discovery deadlines and local-rule formatting requirements strictly against parties who file late or incomplete motions, regardless of the underlying merits of the discovery dispute.
“ORDER denying 24 Motion to Compel. The motion does not include the language of the interrogatories at issue, without which the court cannot resolve this discovery dispute.”
Cautions
Warns counsel directly about candor obligations when he suspects an excuse for noncompliance is not fully substantiated, without imposing sanctions on a first pass -- a signal that a second lapse would likely be treated more harshly.
“the court does not credit, without more, counsels blanket assertion that defendants failure to comply with deadlines was due to a health problem, and counsel are advised of their ethical duty of candor to the tribunal. Suffice to say, breach of this duty will not be tolerated.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I find that the District of Puerto Rico is a proper venue under 28 U.S.C. § 1391(a)(2), and recommend that the motion to dismiss for improper venue be denied. ... In sum, the presumption in favor of plaintiff's choice of forum stands, and I recommend that Tip Top's motion to transfer also be denied.”
“For the foregoing reasons, I recommend that Genett's motion for summary judgment be GRANTED. Maisonet's claim should be DISMISSED as time-barred.”
“Albeit a very close case, I find that the anonymous tip had sufficient indicia of reliability, as described above, to support a determination of reasonable suspicion... Suppression is therefore not warranted. ... Based on the foregoing, I recommend that defendant's motion to suppress be DENIED.”
“For the foregoing reasons, Defendants' motion to dismiss the complaint should be GRANTED. ... The Players' Sherman Act, FLSA, and Puerto Rico wage and hour claims against all Defendants, except the Kansas City Royals, San Francisco Giants, and San Diego Padres, should be DISMISSED without prejudice. Their ... claims against the Kansas City Royals, San Francisco Giants, and San Diego Padres should be DISMISSED with prejudice. The Players' claims for declaratory relief from the Curt Flood Act and baseball's antitrust exemption should be DISMISSED with prejudice.”
“I recommend that Louthan's motion to dismiss be GRANTED. I also recommend that Miller's request to amend the complaint be DENIED and that Louthan's request for attorney's fees and costs should be DENIED.”
“For the foregoing reasons, I recommend Cotto-Cruz's motion to suppress photos taken, evidence seized, and his statements to police be GRANTED IN PART and DENIED IN PART. ... Regarding all remaining items and his statements, Cotto-Cruz's motion to suppress should be DENIED.”
“the court ADOPTS Judge McGiverin's recommendation in whole and accordingly GRANTS CPC's motion to dismiss and GRANTS in part and DENIES in part Metropolitan defendants' motion to dismiss.”
“Judge McGiverin recommends that plaintiffs' breach of contract claims must be dismissed as they are preempted by ERISA. ... As to plaintiff's claims under the Puerto Rico Uniform Securities Act (PRUSA), Judge McGiverin recommends these claims be dismissed as to co-defendants Great-West Life and Annuity Insurance Company, Metropolitan Life Insurance, and Metlife Securities, for plaintiff's failure to sufficiently plead a cause of action.”
Caseload & timing
From public federal docket records for this judge.
Sample of his consent Social Security appeal docket: six Opinions and Orders affirming the Commissioner's denial of benefits and one reversing and remanding for further ALJ analysis (an eighth sampled case resolved by an unopposed agency motion to remand whose order text was not recoverable). The non-SS civil sample -- also cases where all parties consented to his jurisdiction -- included an employment-discrimination suit (motion to dismiss granted in part), an ADA public-accommodation suit against a fast-food franchisee (cross-motions for summary judgment), a municipal civil-rights suit (discovery motions), a wage/collections suit against an insurer (motion to dismiss granted in part with mixed prejudice), a debt-collection FDCPA suit (an evidentiary/procedural motion), and a suit over a default-judgment attempt and jurisdictional challenge (both denied).
A historical record
Judge McGiverin no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.