Hernan Gregorio Pesquera
Judge Pesquera no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pesquera decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He required agencies reviewing disability claims to give clear reasons before rejecting uncontroverted medical evidence.
“when the Secretary rejects uncontroverted medical opinion because the same is not binding on him on the ultimate issue, 20 CFR 404.1526, the Secretary must expressly state clear and convincing reasons for his doing so.”
He read procedural time rules to preserve an otherwise timely federal tort claim when the statutory deadline fell on a weekend.
“Congress intended that the allotted time should be computed as provided in Rule 6(a) of the Federal Rules of Civil Procedure.”
Procedural preferences
He treated exhaustion and a reviewable final agency decision as threshold requirements for Social Security judicial review.
“plaintiff’s failure to exhaust the administrative remedies that are available under the Act and its regulations, precluded him from obtaining the ‘final decision’ that is required by the Act to obtain judicial review from a determination by the Secretary.”
He strictly enforced the requirement that a federal tort administrative claim state a sum certain.
“her original claim, as well as her refiled claim, cannot be considered a claim which complies with the requirements of the provisions of 28 U.S.C. § 2675(a).”
He would intervene when the military failed to follow its own regulations and the procedural failure caused prejudice.
“when, as in this case, the Army fails to follow its own regulations, we must reverse, unless no prejudice has been caused to petitioner.”
Cautions
He entered judgment where a litigant failed to respond to a supported motion and then stopped prosecuting the case.
“Since that date nothing else has transpired in this case. To this day, and in spite of the time that has elapsed, plaintiff has not informed the Court of his intention or desire to proceed with this case”
He imposed fees after finding a collateral federal challenge to a final local judgment frivolous and unsupported.
“Lawyers have a responsibility before subscribing their names to complaints, to ascertain that a reasonable basis exists for the allegations for jurisdiction and for the relief requested.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Therefore, it is ORDERED, ADJUDGED and DECREED that the instant case be and it is hereby dismissed for lack of jurisdiction.”
“For the above stated reasons, the motion of First National City Bank for reconsideration of our order remanding the instant case to the District Court of Puerto Rico, Rio Piedras Part, is hereby denied.”
“For the above stated reasons, it is ORDERED, ADJUDGED and DECREED that the instant case be and it is hereby dismissed for lack of jurisdiction.”
“Accordingly, we affirm the Arbitrator’s Award.”
“For the above stated reasons, we hold that the instant case was timely filed and defendant’s motion to dismiss is hereby denied.”
“Wherefore, in view of the aforementioned, the present action is hereby dismissed without costs.”
“Therefore, we order the dismissal of the complaint for failure to state a claim cognizable under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), and for lack of jurisdiction to entertain it under the Tucker Act, 28 U.S.C. § 1346(a)(2), because the claim is in excess of $10,000.00.”
“After a hearing to consider the contrary requests of the parties, the Court ruled in open court in favor of temporarily staying proceedings in, this Court and now substantiates said holding.”
“ORDERED, ADJUDGED and DECREED that the complaint herein be, and hereby is, dismissed with prejudice;”
“For reasons that appear below, both the motion to amend the complaint and the request for oral argument are denied.”
“ORDERED, that defendant be, and hereby is, awarded attorney’s fees in the amount of $300.00 to be paid by plaintiff.”
“Wherefore, it is ordered that plaintiff’s motion to remand is hereby denied”
“For all of these reasons, and further for plaintiff’s failure to prosecute, it is hereby ordered that summary judgment be entered by the Clerk dismissing plaintiff’s action with prejudice but without imposition of costs.”
“In view of the above, the present case is hereby dismissed.”
Caseload & timing
From public federal docket records for this judge.
No electronic assigned-case docket was located for his tenure, so no caseload mix or case-duration claim is made.
A historical record
Judge Pesquera 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.