Alfredo R. Pérez
How Judge Pérez rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Pérez decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Leave to amend was appropriate where the case remained at an early stage and the proposed defendants faced no undue procedural prejudice.
“there has been no discovery, and the Court has not set a trial date.”
A claim objection succeeded where the claimant offered no evidentiary basis for liability or for its round-number projections after the burden returned to him.
“Mr. Berger failed to meet his burden with respect to the profit-sharing components of his proof of claim.”
Procedural preferences
A stay pending appeal is treated as exceptional relief, with the movant bearing the burden on each equitable factor.
“Issuing a stay pending appeal is an ‘extraordinary remedy.’”
The reviewed cross-motions were narrowed through targeted rebriefing rather than resolving issues the record had not adequately framed.
“counsel for both Parties are directed to re-brief the narrow issues”
Cautions
Repeated invented and misquoted authorities, after notice of the problem, supported a dismissal with a refiling bar and future citation safeguards.
“Misquoting cases has been a pattern and practice for at least the past four months”
Contract language waiving possessory rights defeated an effort to retain another party's equipment in bankruptcy.
“Hosting Provider hereby waives any statutory or common law lien or right of distress in or to the BITMAIN Property”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“dismissing this case with prejudice to its refiling for one year after entry of the order;”
“striking all the motions for sanctions and all pleadings containing allegations of misconduct filed against Indigo and its counsel at ECF Nos. 23, 71, 92, 96,101, 102, 105 and 106;”
“the Court holds that the HSA was terminated prepetition and that the automatic stay does not apply to Bitmain’s property that is currently in Orb’s possession, custody, or control.”
“The Court will exclude any evidence of the fees and charges for the forced placed insurance.”
“Therefore, the Motion for Leave to Amend Complaint is GRANTED.”
“For these reasons, Hanlon’s Motion for Class Certification and Notice is GRANTED as set forth herein.”
“this Court sustains in part and overrules in part the Debtor’s Objection to IRS Proof of Claim No. 3.”
“the Court GRANTS Defendant Erich Wahl’s Motion to Enforce Settlement Agreement.”
“For the reasons stated above, the Court GRANTS Plaintiffs’ Motion to Remand.”
“Based on the foregoing reasons, the Motion to Dismiss is HEREBY DENIED.”
“Because the Motion to Dismiss is denied, Sunnova’s pending Motion to Stay Discovery Pending Ruling on Partial Motion to Dismiss is effectively moot and HEREBY DENIED.”
“For the foregoing reasons, the Court grants in part and denies in part both Parties’ MSJs.”
“ORDERED that the Motion for Entry of Default is DENIED.”
“the Court sustains the Debtors’ Objection to Mr. Berger’s proof of claim, disallowing the claim in part, and allowing in part the $1,518,799.00 unsecured state court judgment component.”
Caseload & timing
From public federal docket records for this judge.
One sampled matter was terminated and nine remained pending. The frame is too recent and business-case-heavy for a duration or motion-tendency estimate.
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