Carmen Consuelo Cerezo
Judge Cerezo no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cerezo decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
She enforces the finality of prior judgments, treating a repackaged refiling of previously dismissed claims as barred by res judicata.
“Toro I and Ruiz I are res judicata to Toro/Ruiz II.”
She rigorously enforces valid arbitration agreements under the Federal Arbitration Act, dismissing rather than staying a case when every claim is arbitrable.
“it has been held that a court may dismiss, rather than stay, a case when all of the issues before the court are arbitrable.”
Procedural preferences
She holds parties to the deadlines for dispositive motions and will not resolve a fact-bound defense such as qualified immunity on an undeveloped record where the movant never filed for summary judgment.
“based on the insufficiency of the record the Court cannot reach a conclusion with the required specificity on the qualified immunity issue.”
Cautions
A Section 1983 due-process claim pleaded as mere negligence will not survive; she requires allegations that the defendant deliberately intended the deprivation.
“plaintiff has failed to allege that defendants deliberately intended to deprive him of his life, property, or liberty interests.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Motion for Reconsideration filed on April 5, 2010 (docket entry 328) is hereby DENIED”
“The Motion for Summary Judgment (docket entry 3) filed by the employer for lack of standing is GRANTED”
“the Motion for Summary Judgment (docket entry 17) is GRANTED in favor of the United States”
“GRANTED as to the request for dismissal of plaintiffs’ due process claims and DENIED as to the qualified immunity defense on their First Amendment claims”
“Defendants’ Motion for Reconsideration (docket entry 135) is DENIED.”
“the Motion to Dismiss is GRANTED and this action is DISMISSED”
“the Motion to Set Aside Jury Verdict on Count Two filed by defendant on September 22, 2005 (docket entry 151) is DENIED”
“the Motion for Summary Judgment filed by defendants Hospital Auxilio Mutuo, Inc. and Dr. Alfredo Colón-Martínez on January 16, 2003 (docket entry 119) is DENIED”
“it is ORDERED and ADJUDGED that the pro se complaint be and is hereby DISMISSED”
“the Court DENIES defendant’s request that the Information filed by the United States on October 17, 2003 be stricken”
“the Motion to Dismiss filed by Telecorp on August 25, 2003 (docket entry 3) is hereby GRANTED.”
“the Court finds that the information advanced by plaintiffs as ‘newly discovered evidence’ is neither new nor of a type that would support a new and different claim that would overcome the effects of the ‘res judicata’ defense based on the Judgments in Toro I and Ruiz I.”
Caseload & timing
From public federal docket records for this judge.
The reviewed civil cases filed from 2017 through 2019 include contract, civil-rights and ADA-employment, intellectual-property, ERISA, and personal-injury matters, most terminated within one to two years of filing.
A historical record
Judge Cerezo 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.