José Victor Toledo
Judge Toledo no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Toledo decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated omitted testing recommended by the agency's own doctors as good cause for a fuller record.
“The Court is of the opinion that the failure of the Hearing Examiner to perform the tests required by his own expert physicians constitutes good cause to remand the action to the Secretary”
He retained a foreign seaman's case where dismissal would impose extreme practical hardship and no alternative proceeding was underway.
“we find that it would be an extreme hardship upon the seaman, plaintiff herein, to have his case tried anywhere other than the United States of America or Liberia.”
Procedural preferences
He accommodated travel logistics for a corporate officer but refused to let them block discovery.
“Defendant’s petition to quash notice of deposition of Steven Sanford is denied.”
He required adjudicators invoking claim preclusion to make express findings on regulatory reopening standards.
“The examiner should issue specific findings on this issue.”
Cautions
He enforced statutory review deadlines even where a claimant framed the dispute as constitutional.
“We have no power to reach the constitutional issue, however, and accordingly must dismiss this action in view of plaintiff’s failure to timely institute this civil action for review of the Secretary’s final decision.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The indictment is hereby dismissed without prejudice to the government to seek a new indictment from, the Grand Jury if the cause is not time barred.”
“It is therefore, ordered, that Civil No. 129-72 is hereby dismissed without prejudice.”
“The Secretary’s decision is reasonable, Richardson v. Perales, 402 U.S. 389, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1970), and should and is hereby affirmed.”
“For the foregoing reasons, it is ordered, that the defendant’s motion for summary judgment be and hereby is denied, and it is further”
“Ordered, that this action be and hereby is remanded to the Secretary of Health, Education and Welfare so that the necessary examinations and tests be performed, and further testimony be elicited at a second hearing, and it is further”
“Therefore, it is hereby ordered, that the complaint filed by plaintiff be and is hereby dismissed on the aforementioned grounds.”
“In view of the foregoing, the Secretary’s decision is affirmed.”
“Wherefore, the petition under Title 28, United States Code, Section 2255 filed in the instant case is hereby denied.”
“Said request for temporary injunctive relief is hereby denied.”
“It is, therefore, ordered, that the defendant’s motion for summary judgment is granted and the complaint is dismissed.”
“Since neither the seaman nor the shipowner have instituted any proceedings in Liberia and this case is scheduled for trial here, the motion to dismiss is hereby denied.”
“It is, therefore, ordered, that plaintiff’s request for permission to file an amended complaint is granted.”
“There existing genuine controversy as to the facts of the case, defendant Reliable Car Rental’s motion for summary judgment is hereby denied.”
“Defendant’s petition to quash notice of deposition of Steven Sanford is denied.”
Caseload & timing
From public federal docket records for this judge.
No electronic case-level dockets assigned to Toledo were located for his historical tenure, so no caseload mix or duration claim is made.
A historical record
Judge Toledo 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.