Sidney Allen Fitzwater
How Judge Fitzwater rules, drawn from 6 signed orders. Every observation links to the order it came from.
How Judge Fitzwater decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a movant who bears the burden of proof (e.g. a defendant moving for summary judgment on an affirmative defense like Title VII exhaustion), he applies the demanding 'beyond peradventure' standard: the movant must establish ALL essential elements of the defense, a standard he repeatedly calls 'heavy.'
“IBM 'must establish beyond peradventure all of the essential elements of the ... defense.' The court has noted that the 'beyond peradventure' standard is 'heavy.'”
Strictly enforces Title VII administrative exhaustion: a charge is 'filed' only when the EEOC actually receives it, and a later lawsuit is limited to the scope of the EEOC investigation that could reasonably grow out of the charge: new claims not in (or not 'like or related to') the original charge are unexhausted and dismissed.
“To 'file' a charge of discrimination with the EEOC, the EEOC must receive it. ... IBM has therefore demonstrated beyond peradventure that Nunez did not exhaust her pay discrimination claims before the EEOC by filing the Amended Charge.”
Treats the plaintiff as 'master of the claim': the well-pleaded-complaint rule controls removal, and a plaintiff who expressly pleads federal constitutional rights as elements of the cause of action cannot then remand: though he will offer remand if the plaintiff drops the federal claims.
“His well-pleaded complaint therefore asserts rights created by the Constitution of the United States that are essential elements of his cause of action. ... Richardson's motions to remand are denied.”
Procedural preferences
Will grant summary judgment sua sponte on a ground the movant did not raise, but only after giving the non-movant notice and a fair opportunity (21 days) to respond: procedurally careful even when the outcome looks foreordained.
“Because the court is raising sua sponte that Judge Mares is entitled to summary judgment on this claim, it grants plaintiffs leave to file an opposition response, brief, and appendix within 21 days.”
Requires specific, evidence-backed support for a proportionality objection in discovery; a generalized assertion of burden is insufficient.
“To succeed on this objection, LSC must make specific arguments, supported by evidence, that show why the request would impose a burden and why that burden is out of proportion to the needs of the case.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the court grants IBM's summary judgment motion and, having already dismissed Nunez's other claims in response to IBM's Fed. R. Civ. P. 12(b)(6) motion, dismisses this action with prejudice by judgment filed today.”
“defendants' motion to dismiss plaintiff's amended complaint is granted in part, and plaintiff's federal claims are dismissed with prejudice. The court declines to exercise supplemental jurisdiction over plaintiff's remaining state-law claim, and it dismisses that claim without prejudice.”
“Defendant Knightvest Management, LLC's motion for summary judgment is terminated as moot.”
“the court grants Lopez's September 5, 2012 motion to dismiss and Justice Jones's August 22, 2012 motion to dismiss, and dismisses this action with prejudice as to them by judgment filed today.”
“It grants Judge Milner's May 6, 2013 motion for summary judgment.”
“It grants Judge Mares' motion for summary judgment on plaintiffs' First Amendment claim, and raises sua sponte that she is entitled to summary judgment on plaintiffs' federal common law claim.”
“For the reasons explained, the court grants Lennox’s motion to dismiss Velocity’s breach of contract claim based on Lennox’s failure to provide at least $250 million in addressable spend; grants Lennox’s motion to dismiss Velocity’s fraud claim; denies Velocity’s motion to dismiss Lennox’s breach of contract counterclaim; and grants Velocity leave to file an amended complaint within 28 days of the date this memorandum opinion and order is filed.”
“The court grants in part and denies in part Ekpo’s motion to compel discovery and denies her requests for sanctions and to stay depositions.”
“For the reasons explained, the court grants LSC’s motion to modify the scheduling order and grants in part and denies in part Ekpo’s motion to compel.”
Caseload & timing
From public federal docket records for this judge.
The caseload description is based on sampled cases rather than a complete authoritative census. The sample includes referrals to Magistrate Judges Lee Ann Reno, Rebecca A. Rutherford, Renee Harris Toliver, and David L. Horan.
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