Juan M. Perez-Gimenez

How Judge Perez-Gimenez rules, drawn from 32 signed orders. Every observation links to the order it came from.

Judge Perez-Gimenez no longer hears cases. This profile is preserved as a historical record of how they ruled here.

Court
United States District Court for the District of Puerto Rico
Position
District judge
Status
Deceased
Served
1979–2020
Appointed by
Jimmy Carter (Democratic)
Commissioned
December 6, 1979
Education
University of Puerto Rico, B.A., 1963; George Washington University, M.B.A., 1965; University of Puerto Rico School of Law, LL.B., 1968
Signed orders read
32

About Judge Perez-Gimenez

Juan Manuel Pérez-Giménez was a judge of the United States District Court for the District of Puerto Rico. Appointed by President Jimmy Carter, Judge Pérez-Giménez received a commission on December 6, 1979. Judge Pérez-Giménez assumed senior status on March 28, 2006 and served until death on December 10, 2020.

How Judge Perez-Gimenez decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In collateral criminal challenges he applied Section 2255's limits strictly, refusing to let petitioners evade them through unusual common-law writs.

“[t]he strictures of section 2255 cannot be sidestepped by the simple expedient of resorting to some more exotic writ.”

In Estate of Rivera v. Doctor Susoni Hospital Inc., Pérez-Giménez denied reconsideration of an EMTALA ruling, holding that the duty to stabilize was tied to a patient transfer that had not occurred.

“the duty to stabilize exists not in a vacuum, but rather in reference to a transfer of the patient from the hospital”

Procedural preferences

He treated motions for reconsideration as narrow, refusing to revisit arguments already considered.

“extraordinary remedies which should be used sparingly”

Cautions

He was willing to shift fees onto a party who pressed a claim that had become baseless, faulting litigation continued after discovery exposed its weakness.

“continued to vexatiously and unreasonably litigate a claim that, after the taking of her deposition, had clearly become frivolous and without foundation”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Caribe-Garcia
· 2010-04-23
Petition for writ of audita querela (petitioner) Denied

“the motion for a writ of audita querela (Docket No. 954) is hereby DENIED.”

United States v. 2007 33' Hydra Sport Vessel
· 2014-11-18
Motions to strike (government) Granted

“the requests are GRANTED.”

Roman-Carmona v. Cartagena
· 2007-06-06
Judgment on the pleadings (defendant) Denied

“the Court DENIES co-defendant Jose Caldero’s motion.”

United States v. Anderson
· 2006-07-20
Motions to dismiss (defendant) Denied

“defendant’s motion is DENIED.”

United States v. Fournier-Olavarria
· 2011-06-06
Motion for bail pending appeal (defendant) Denied

“the Court DENIES JFO’s motion for bail on appeal.”

United States v. Vegerano-Rodriguez
· 2003-11-18
Motions to compel (defendant) Denied

“Defendant’s motion is DENIED.”

United States v. Rivera-Garcia
· 2005-05-10
Motion for reconsideration (defendant) Denied

“the motion for reconsideration (Docket No. 394), is DENIED.”

Motion to present alibi evidence (defendant) Denied

“The motion notifying defendant’s alibi defense (Docket No. 396), is similarly DENIED, and defendant is hereby precluded from presenting the alibi witness.”

United States v. Guzman-Correa
· 2011-01-24
Motion for new trial (defendant) Denied

“the Court DENIES Defendant’s motion for new trial (Docket No. 2942).”

Betancourt v. Toledo
· 2001-04-19
Involuntary dismissal (defendant) Granted

“the Court DISMISSES the case WITHOUT PREJUDICE.”

Prisma Zona Exploratoria de Puerto Rico, Inc. v. Calderon
· 2001-08-14
Motions to compel (plaintiff) Granted

“Defendant Calderon is ordered to submit to a deposition at her earliest convenience, at a place of her convenience, but before the August 20, 2001 hearing.”

Motion for protective order (defendant) Denied

“Defendants’ Motion Seeking a Protective Order is DENIED.”

Trabal Hernandez v. Sealand Services, Inc.
· 2002-11-01
Motion for reconsideration (defendant) Denied

“Defendant’s Motion for Reconsideration is DENIED.”

EEOC v. Union Independiente de la Autoridad de Acueductos y Alcantarillados de Puerto Rico
· 2000-07-11
Summary judgment (defendant) Granted

“this Court GRANTS Rule 19 defendant’s motion for summary judgement on its cross claim against UIA.”

Caseload & timing

From public federal docket records for this judge.

The judge's senior-era assigned docket sampled here (cases filed 2011-2016) is predominantly terminated civil litigation, with a mix of prisoner collateral-review, civil-rights, employment, insurance, and foreclosure matters.

Pending matters in the official report

Judge Perez-Gimenez was last listed in the Civil Justice Reform Act report as of September 30, 2020.

Motions pending more than six months8
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years2

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

A historical record

Judge Perez-Gimenez no longer hears cases. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.