Tu M. Pham
How Judge Pham decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a discovery-misconduct motion to dismiss, the judge weighs the standard bad-faith/prejudice/warning/lesser-sanction factors deliberately and will recommend a lesser sanction over dismissal when a less drastic option has not yet been tried, even against a repeatedly obstructive pro se litigant.
“the court has not previously imposed any less drastic sanctions against Plaintiff and, even though Plaintiff was not cooperative at her deposition, she did appear.”
In Social Security appeals, the judge looks for whether the ALJ specifically engaged with a treating source's evidence and explained the inconsistency, rather than accepting a boilerplate finding; a well-articulated inconsistency with the claimant's own treatment records is what persuades him to affirm.
“ALJ Peebles specifically addressed consistency: he found that Dr. Gardner's opinion was 'wholly inconsistent' with the rest of the medical record, including Plaintiff's treatment records and Plaintiff's statements to his providers.”
Procedural preferences
Before dismissing a case for failure to prosecute, the judge builds a documented record of escalating warnings -- an initial show-cause order, at least one extension, then a second explicit show-cause order naming dismissal with prejudice as the consequence -- before recommending dismissal.
“the second show cause order warned that if Plaintiff did not respond, the magistrate judge would recommend that the case be dismissed for failure to prosecute.”
On his own consent docket, the judge requires a formal Clerk's entry of default before considering a motion for default judgment, and treats a defendant that has answered and responded to motions as having defended the case regardless of an isolated missed conference.
“Since Gray has not obtained the entry of default by the Clerk, her motion for default judgment is premature. ... MSCEA filed an answer to Gray's complaint and filed responses to both of Gray's motions. It cannot be said that MSCEA has failed to defend against the lawsuit.”
Cautions
On punitive-damages claims under Tennessee law, the judge requires clear and convincing evidence of genuinely reckless conduct; a driver's brief, undisputed distraction (glancing at a phone) is insufficient as a matter of law, even where the underlying negligence is not contested.
“Such evidence is insufficient, as a matter of law, to enable a reasonable jury to find defendant liable for punitive damages.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“To the extent that Defendants seek dismissal of the complaint, the motion is DENIED.”
District Judge Thomas L. Parker adopted Magistrate Judge Pham's report and recommendation to dismiss a pro se plaintiff's case sua sponte and with prejudice for failure to prosecute under Rule 41(b) after two extensions and two show-cause orders went unanswered. Dismissal quote: 'the Court ADOPTS the R&R and DISMISSES this case WITH PREJUDICE.'
District Judge Thomas L. Parker adopted Magistrate Judge Pham's report and recommendation to dismiss one defendant sua sponte and without prejudice under Rule 4(m) after the pro se plaintiff never served it and did not respond to a show-cause order. Dismissal quote: 'the Court ADOPTS the R&R and DISMISSES Defendant TransUnion WITHOUT PREJUDICE.'
“Transportation Employee Leasing, LLC's Motion to Dismiss is GRANTED IN PART and DENIED IN PART. The ADEA claim (age claim) asserted by Plaintiff may proceed. All other claims are dismissed for the reasons set out in the Report and Recommendation.”
“Defendant's Motion to Dismiss (ECF No. 64) is converted into a motion for summary judgment and GRANTED. The above-captioned case is hereby DISMISSED WITH PREJUDICE.”
“the court recommends that plaintiff's Request for Rule 11 Sanctions be DENIED.”
“the court recommends that Key's motion to suppress be denied.”
“the court recommends that Williams's motion to suppress be denied.”
“the undersigned recommends that Dufresne Spencer's motion to dismiss be denied.”
“For the reasons above, the Commissioner's decision is affirmed.”
“For the above reasons, the decision of the Commissioner is AFFIRMED.”
“the Commissioner's decision is REVERSED and REMANDED for further proceedings consistent with this opinion.”
Caseload & timing
From public federal docket records for this judge.
Judge Pham's caseload in the sampled window is a mix of his own large consent-jurisdiction docket -- dominated by Social Security disability appeals (DIWC/DIWW and SSID claims), alongside employment discrimination, personal-injury, and insurance/contract disputes he carries through trial -- and a referral docket of pretrial motions (dismissal, discovery, suppression) in cases assigned to the district's Article III judges, plus routine criminal matters (search warrants, initial appearances, forfeiture).
Put Judge Pham's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Pham actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Pham's own signed orders and cites them.