Bristow Marchant
How Judge Marchant decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a Rule 12(b)(6) motion, recommends granting in part -- letting retaliation claims proceed while dismissing the remaining causes of action.
“defendant's motion to dismiss plaintiffs retaliation claim under Title VII and § 1981 as set forth in the First and Second Causes of Action is DENIED. Defendant's motion to dismiss the remaining causes of action is GRANTED, and those claims are dismissed.”
In employment-discrimination cases, recommends granting the employer's summary judgment where the plaintiff offers only conclusory support for discrimination or hostile-environment claims.
“the Magistrate Judge issued a report and recommendation (“R & R”), outlining the issues and recommending that the Court grant the Defendant’s motion for summary judgment.”
Procedural preferences
Treats a Rule 12(b)(6) motion as one for summary judgment when it relies on matters outside the pleadings (e.g., a signed release), and may recommend dismissal without prejudice to allow a state-court remedy.
“Defendants' motion to dismiss, treated as a motion for summary judgment, should be granted, without prejudice. This will allow Plaintiffs to return to state court to seek a voidance of the previous settlement between the parties, which would include the release.”
Cautions
In Social Security appeals applies the 'minimal articulation' standard and recommends affirming the Commissioner where substantial evidence supports the ALJ.
“United States Magistrate Judge Bristow Marchant’s Report and Recommendation (“R & R”) that this court affirm Acting Commissioner of Social Security Carolyn Colvin’s ... decision denying plaintiff Jo Ann Woodbury’s ... claims for disability insurance benefits ... the court adopts the R & R and affirms the Commissioner’s decision.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' motion to dismiss, treated as a motion for summary judgment, should be granted, without prejudice. This will allow Plaintiffs to return to state court to seek a voidance of the previous settlement between the parties, which would include the release.”
“Defendants' motion for sanctions should be denied.”
“defendant's motion to dismiss plaintiffs retaliation claim under Title VII and § 1981 as set forth in the First and Second Causes of Action is DENIED. Defendant's motion to dismiss the remaining causes of action is GRANTED, and those claims are dismissed.”
“the Magistrate Judge issued a report and recommendation (“R & R”), outlining the issues and recommending that the Court grant the Defendant’s motion for summary judgment.”
“The Magistrate Judge recommended that the Commissioner's decision be affirmed.”
“United States Magistrate Judge Bristow Marchant’s Report and Recommendation (“R & R”) that this court affirm Acting Commissioner of Social Security Carolyn Colvin’s ... decision denying plaintiff Jo Ann Woodbury’s ... claims for disability insurance benefits ... the court adopts the R & R and affirms the Commissioner’s decision.”
“the magistrate judge’s report and recommendation is AFFIRMED, and defendant Salient’s motion to dismiss plaintiffs cause of action for constructive discharge is DENIED.”
Put Judge Marchant's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Marchant actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Marchant's own signed orders and cites them.