David L. Martin

How Judge Martin rules, drawn from 13 signed orders. Every observation links to the order it came from.

Judge Martin no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
U.S. District Court for the District of Rhode Island
Position
Magistrate judge
Status
Left this court 2012
Served
1998–2012
Appointed by
Judges of the U.S. District Court for the District of Rhode Island
Commissioned
September 29, 1998
Education
University of Rhode Island, B.A., 1968; University of Virginia School of Law, J.D., 1973
Signed orders read
13

About Judge Martin

David L. Martin served as a United States Magistrate Judge for the District of Rhode Island from 1998 until his retirement in 2012. Before taking the bench, he worked as a Rhode Island assistant public defender and then practiced criminal defense. He earned degrees from the University of Rhode Island and the University of Virginia School of Law.

How Judge Martin decides

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

What persuades

In Cambio v. Astrue, Martin granted the Commissioner's sentence-four remand motion and granted the claimant's reversal motion to the extent of a remand for further administrative proceedings.

“I order that Defendant’s Motion for Remand be granted and that Plaintiff’s Motion to Reverse be granted to the extent that the matter be remanded to the Commissioner for further administrative proceedings.”

In Hazen v. South Kingstown School Department, Martin recommended upholding the hearing officer's conclusion that the 2009 education plan provided R.H. with a free appropriate public education, after finding the officer's careful decision entitled to deference.

“Based on the foregoing, the Court concludes that the Hearing Officer’s finding that the 2009 IEP provided R.H. with FAPE is entitled to deference.”

Procedural preferences

In Champlin's Realty Associates v. Carcieri, he ordered nonparty town officials to sit for depositions but limited their burden by requiring a convenient mainland location near the ferry docks.

“the burden on the Town Officials in appearing in Pawtucket weighs most heavily in favor of quashing the subpoenas. However, this burden can be substantially lessened by requiring that the depositions be conducted on the mainland ... at a suitable location which is reasonably convenient to where the ferry docks.”

In Argent Mortgage Co. v. East Wallum Lake Trust, Martin recommended default judgment against John Lace after repeated failures to attend depositions, and against the trust and Lisa Lace because of their close relationship to him and their own failure to attend a deposition.

“here the close relationship between Mr. Lace, Mrs. Lace, and the Trust persuades the Court that unless default judgment is entered against all three Defendants, Plaintiff will not obtain the relief it seeks and Mr. Lace will not be adequately sanctioned.”

Cautions

In Flores v. Wall, he recommended denying a pro se prisoner's requests for injunctive relief insofar as they concerned claims outside the amended complaint; he also found the prisoner had not shown likely success on the pleaded claims.

“to the extent that Flores seeks any relief with respect to claims not alleged in the Amended Complaint, the Motions should be denied.”

In Naval Stores Suppliers v. LGS Consulting, Martin recommended remand because the notice of removal was untimely and another defendant had not clearly consented within the required period.

“Because LGS Consulting has failed to manifest its clear and unequivocal consent to the removal within the statutorily prescribed thirty days, the removal was procedurally improper.”

Signed rulings

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

Medeiros v. Johnson et al.
CA 07-425 ML · 2008-06-10
Motions to dismiss (defendant and plaintiff (jointly sought dismissal of one defendant)) Granted

“I recommend that the Motions to Dismiss be granted.”

Karim v. Bank of America, N.A.
C.A. No. 10-519 S · 2011-05-06
Motions to dismiss (defendant) Granted

“Defendant's motion to dismiss is GRANTED, and Plaintiff's requested judgment by default is DENIED.”

Hazen v. South Kingstown School Department
CA 09-313 ML · 2010-11-22
Summary judgment (defendant) Granted

“I recommend that Defendant's Motion for Summary Judgment be GRANTED and that Plaintiffs' Motion for Summary Judgment be DENIED.”

Summary judgment (plaintiff) Denied
LeBlanc v. State of Rhode Island et al.
CA 11-101 M · 2011-12-21
Motions to dismiss (defendant) Granted

“I recommend that the Motion to Dismiss and Motion to Join be granted and that the Motion for Injunction and Amended Motion for Injunction be denied.”

Motion to join (defendant) Granted

“I further recommend that the unopposed Motion to Join be granted.”

Motion for injunctive relief (plaintiff) Denied
Motion for injunctive relief (plaintiff) Denied

“Having received the Amended Motion for Injunction, it is clear that it is completely unrelated to the allegations in the First Amended Complaint... I therefore recommend that it be denied.”

Almeida v. Wall
CA 08-184 S · 2008-12-04
Habeas petition (petitioner) Denied

“I recommend that the D.O.C.'s Motion to Dismiss be granted.”

Alex A. v. Lincoln School Committee
CA 09-227 ML · 2010-01-25
Summary judgment (defendant) Granted

“I recommend that Defendants' Motion for Summary Judgment be GRANTED and that Plaintiff's Motion for Summary Judgment be DENIED.”

Summary judgment (plaintiff) Denied
Slay v. Bank of America Corp.
CA 10-408 ML · 2011-03-09
Motions to dismiss (defendant) Granted

“For the reasons explained above, I recommend that the Motion to Dismiss be granted.”

Naval Stores Suppliers, Inc. v. LGS Consulting, LLC et al.
CA 10-332 S · 2010-10-21
Motions to remand (plaintiff) Granted

“I recommend that the Motion to Remand be granted and that this action be remanded to the Circuit Court of the Third Judicial District in and for Taylor County, Florida.”

Motion for attorneys fees (plaintiff) Denied

“I additionally recommend that Plaintiff's request for an award of attorneys' fees and costs pursuant to 28 U.S.C. Sec. 1447(c) be denied.”

Brown v. Wall
CA 07-330 ML · 2008-02-05
Habeas petition (petitioner) Denied

“I recommend that the Attorney General's Motion to Dismiss be granted and that Brown's Petition be denied and dismissed.”

OHI Asset (CT) Lender, LLC v. Woodland Manor Improvement Association
CA 09-219 ML · 2010-01-11
Motion to dismiss or stay (defendant) Denied

“I recommend that Defendant's Motion to Dismiss or Stay be denied.”

Champlin's Realty Associates v. Carcieri
CA 1:06-cv-00135 ML · 2006-07-21
Motions to compel (plaintiff) Granted in part

“In summary, the Motions to Compel are granted to the extent that: 1) the Town Officials shall submit to being deposed... 2) the Town Officials shall produce the records described in the subpoena... In all other respects, the Motions to Compel ... are denied.”

Motion for protective order (nonparty deponents) Denied

“In all other respects, the Motions to Compel and the Motion for Protective Order are denied.”

Argent Mortgage Co., LLC v. East Wallum Lake Trust
CA 08-110 ML · 2010-08-23
Default judgment (plaintiff) Granted

“For the reasons stated above, I recommend that the Motion for Default Judgment be granted and that default judgment be entered against Mr. Lace, Mrs. Lace, and the Trust as stated above.”

Caseload & timing

From public federal docket records for this judge.

Case-level enumeration shows a Social Security consent-jurisdiction docket recurring across his full tenure (1997-2008 sampled here), alongside a large volume of referral-magistrate matters in other case types and, particularly in his earlier years, numerous body-attachment ('Order of Return') proceedings in criminal matters, which are administrative and not counted as motions.

A historical record

Judge Martin no longer sits on this court. 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.