Keith F. Giblin
Judge Giblin no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Giblin decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Fair Labor Standards Act cases resolved by settlement, he reviews the proposed compromise for fairness before recommending approval, requiring that it represent a fair and reasonable resolution of a bona fide FLSA dispute rather than rubber-stamping the parties' agreement.
“Judge Giblin recommended that the Court grant the motion by finding that the proposed settlement in this matter is a fair and reasonable compromise of a bona fide dispute under the Fair Labor Standards Act (FLSA).”
Procedural preferences
On prisoner habeas petitions challenging prison-disciplinary convictions he addresses both the merits and the threshold requirement of administrative exhaustion, recommending dismissal on an alternative failure-to-exhaust ground even where the claims also fail on the merits.
“The Magistrate Judge recommends the petition be denied. ... Alternatively, the petition should be dismissed for failing to exhaust available administrative remedies.”
Cautions
His dispositive-motion recommendations are routinely adopted by the district's Article III judges, including over a pro se party's objections on de novo review -- in the sampled record both a defendant's summary-judgment grant and a habeas denial were adopted after the losing party objected.
“plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct and the report of the magistrate judge is ADOPTED. The defendant's motion for summary judgment is GRANTED.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Magistrate Judge recommends the petition be denied. ... plaintiff's objections are OVERRULED. ... the report of the magistrate judge is ADOPTED. ... this petition for writ of habeas corpus will be dismissed.”
“The magistrate judge has submitted a Report and Recommendation recommending the motion be granted. ... the report of the magistrate judge is ADOPTED. The defendant's motion for summary judgment is GRANTED. A final judgment will be entered dismissing this lawsuit.”
“the Report of the United States Magistrate Judge is ADOPTED. A Final Judgment will be entered separately, affirming the decision of the Commissioner and dismissing this action.”
“Judge Giblin recommended that the Court grant Defendant Kurt M. Lee's motion for summary judgment on the Plaintiff's claims against him. ... the Report and Recommendation ... is ADOPTED. ... Defendant ... Kurt M. Lee's Motion for Summary Judgment ... is GRANTED.”
“the magistrate judge submitted a report recommending that the decision of the Commissioner denying plaintiff's application for social security benefits should be affirmed. ... Report and Recommendation [Doc. No. 14] is ADOPTED and the Commissioner's decision[] is AFFIRMED.”
“Judge Giblin recommended that the Court grant the motion by finding that the proposed settlement in this matter is a fair and reasonable compromise of a bona fide dispute under the Fair Labor Standards Act (FLSA). ... the Report and Recommendation (#78) ... [is] ADOPTED. ... the Joint Motion to Approve Settlement (#77) is GRANTED.”
“The defendants have filed a motion asking that this case be dismissed for failure to state a claim upon which relief may be granted. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge recommending the motion to dismiss be granted. ... the report of the magistrate judge is ADOPTED. The defendants' motion to dismiss is GRANTED. A final judgment will be entered dismissing this lawsuit.”
“The Magistrate Judge recommends the defendants' motion to dismiss be granted. Additionally, the Magistrate Judge recommended the exercise of supplemental jurisdiction should be declined. ... the report of the Magistrate Judge is ADOPTED. It is therefore ORDERED that the defendants' motion to dismiss is GRANTED.”
“The Magistrate Judge recommends granting defendants' motion to dismiss for failure to state a claim upon which relief may be granted. ... plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge is ADOPTED. Defendants' motion to dismiss for failure to state a claim is GRANTED.”
“The magistrate judge recommends denying plaintiff's motion to proceed in forma pauperis and dismissing the case without prejudice pursuant to 28 U.S.C. § 1915(g). ... plaintiff's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED.”
“The magistrate judge recommends dismissing the action pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure to state a claim upon which relief may be granted. ... the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation.”
“The Magistrate Judge recommends dismissing the action pursuant to 28 U.S.C. § 1915(e) as frivolous and for failure to state a claim upon which relief may be granted. ... plaintiff's objections (document no. 42) are OVERRULED. The findings of fact and conclusions of law of the Magistrate Judge are correct, and the report of the Magistrate Judge (document no. 37) is ADOPTED.”
Caseload & timing
From public federal docket records for this judge.
His assigned / consent docket of record is dominated by Social Security disability appeals, prisoner civil-rights (42 U.S.C. 1983) and habeas matters, Fair Labor Standards Act suits, and -- in 2010 -- a large cluster of first-party Allstate insurance cases removed from state court (Hurricane-era property claims), plus a tail of maritime personal-injury, ERISA, civil-forfeiture, and contract cases. As a Beaumont magistrate he also carried criminal-duty work (revocation and plea proceedings) not reflected in this civil cohort. Filed-to-terminated durations on the 25-case civil cohort (filed 2004-2011) ran 229-2056 days (median 497); the tight 229-235 day band is the six near-identical 2010 Allstate insurance cases (filed the same week, terminated together March 2011), while the long tail is the contested prisoner cases (Caldwell 1229; Quirk 2056, reopened).
A historical record
Judge Giblin no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.