Debra C. Poplin
How Judge Poplin rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Poplin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a motion to set aside a default, the judge treated a defendant's prompt action after learning of the default (contacting counsel immediately) as weighing in its favor even after finding its earlier inaction reckless, rather than treating recklessness alone as disqualifying.
“The undersigned has also considered that once Mr. Choksi received the Clerk's entry of default, he 'immediately contacted counsel to seek to file for [Defendant] Card Holdings to have this default . . . set aside' ... This action weighs in favor of his request.”
Procedural preferences
On an uncontested motion to compel, the judge granted the substantive relief immediately but declined to also award sanctions on the same motion when the movant had not specified which sanctions she sought, preferring a specific request before imposing sanctions.
“The Court declines to award sanctions at this juncture because Plaintiff does not specify the sanctions she seeks.”
Cautions
The judge treats a lack of response to a motion as effectively dispositive under the local unopposed-motion rule, but still independently reviews the merits before recommending relief rather than granting on default alone.
“The undersigned therefore could recommend granting the motion on this basis alone. See id. Nevertheless, the undersigned has reviewed the merits and finds that Defendant Card Holdings has established good cause to set aside the entry of default against it.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Motion to Compel Discovery [Doc. 34] is GRANTED IN PART AND DENIED IN PART. The Court ORDERS Defendants to respond to their respective Discovery Requests within fourteen (14) days of entry of the instant Order. The Court declines to award sanctions at this juncture because Plaintiff does not specify the sanctions she seeks.”
“the undersigned RECOMMENDS that the District Judge GRANT Defendant Card Holdings, LLC's Motion to Set Aside and for Relief from Entry of Judgment [Doc. 326] and that the Clerk's entry of default [Doc. 310] be SET ASIDE.”
“Judge Poplin recommends that the Court grant plaintiff's motion for leave to proceed in forma pauperis [Doc. 7] but for the Court to assess plaintiff the civil filing fee of $350.00 ... Judge Poplin recommends that the Court dismiss all of plaintiff's claims except those against Officer Thornton in his individual capacity.”
“For the reasons explained above, the undersigned GRANTS Plaintiff’s Application to Proceed in Forma Pauperis with Supporting Documentation [Doc. 5]. The Clerk is DIRECTED to file the Complaint in this case without prepayment of costs or fees.”
“the undersigned RECOMMENDS that the District Judge dismiss these claims and allow the other claims to proceed beyond the screening stage.”
“For the reasons set forth above, the Court GRANTS Plaintiff’s Application to Proceed In Forma Pauperis [Doc. 6]. The Court DIRECTS the Clerk to file the Complaint in this case without prepayment of costs or fees.”
“The Court RECOMMENDS, however, that the District Judge DISMISS the Complaint [Doc. 1] in its entirety.”
“For the reasons set forth above, the Court GRANTS Plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs [Doc. 1].”
“The Court, however, RECOMMENDS that the District Judge dismiss Plaintiff’s Complaint [Doc. 2].”
“Accordingly, Defendants’ motion for summary judgment [Doc. 41] will be GRANTED, and this action will be DISMISSED without prejudice.”
Caseload & timing
From public federal docket records for this judge.
The sampled consent-jurisdiction caseload is dominated by Social Security disability appeals, with occasional diversity contract, personal-injury, and civil-rights matters.
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