Felix Recio, Jr.
Judge Recio no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Recio decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On summary judgment in employment-discrimination cases, treats the pretext question as a jury issue rather than resolving it himself, even when some of the plaintiff's evidence seemed weak.
“After a hearing on the matter, it becomes apparent that there are issues of material fact that should be decided by a fact finder. ... Although some of the Plaintiff's evidence seems a bit far reaching, the parties obviously disagree as to whether the termination by Gulf Packing was a pretext for age discrimination in this case.”
Requires a forum-selection clause to actually cover the contract being sued on before he will dismiss or transfer for improper venue -- a clause in a different, similar contract between the same parties is not enough.
“Defendant attempts to link a forum selection clause in an addendum to a similar, yet unrelated contract to the one at issue in this suit. ... there is insufficient evidence linking the January 30, 2001 contract, which the Plaintiff is suing on in this case, and a forum selection clause entered into by the parties in a similar contract.”
On qualified immunity at summary judgment, will not credit an officer's version of contested facts (hot pursuit, imminent danger) where the plaintiff's competing evidence -- including the defendants' own witnesses -- creates a genuine dispute; declines to let an investigatory chase become a blanket 'hot pursuit' justification.
“To rule in Defendants' favor as to this claim would in effect turn every police investigation into a hot pursuit. The Court respectfully declines such an invitation and rules that at the very least there is a genuine issue of material fact as to whether officers where in hot pursuit of Sanchez.”
Procedural preferences
Holds pro se prisoner plaintiffs to the Fifth Circuit's heightened pleading standard for overcoming qualified immunity, dismissing when only conclusory allegations are offered rather than specific facts.
“Plaintiff has a heightened burden to plead specific facts defeating Defendant's qualified immunity from Section 1983 claims. ... Bejaran has not overcome the Defendants' assertion of qualified immunity, as is his burden.”
Dismisses with prejudice for failure to prosecute only after repeated, specific warnings and a formal show-cause order that the plaintiff still ignored -- not on a first missed deadline.
“The Court has repeatedly warned Gomez that he must follow the applicable rules, comply with applicable deadlines, and timely prosecute his case. ... Gomez has failed to properly prosecute his lawsuit despite these repeated and detailed warnings.”
Cautions
Denies a motion to set aside a default before any default has actually been entered, and treats the underlying default-judgment motion itself as the one to resolve once the defendant appears -- procedural motions filed out of the correct order will be denied on that basis alone.
“Court denies [19-1] motion to set aside entry of default (no default has been granted); Court requests that Mr. Yanez Osuna be present; The Court carries along motion Motion hearing set for 10:30 10/12/01 for [18-1] motion for entry of default and default judgment.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER granting [16-1] motion to dismiss Dft Union Standard Insurance Co., entered; Parties notified. ( signed by Magistrate Judge Felix Recio )”
“granting in part, denying in part [37-1] motion to compel responses, entered; ... Motions 46 and 47 to be Carried along with the trial.”
“ORDER denying 3 Motion for Temporary Restraining Order. (Signed by Judge Felix Recio) Parties notified.”
“ORDER denying 21 Motion for Summary Judgment and 12 Complaint for Declaratory and Injunctive Relief. ... It is hereby ORDERED that all pending motions and requests for relief are DENIED. Accordingly, the clerk's office is hereby ORDERED to close Civil Action B-07-067.”
“Defendants' Motion for Summary Judgment is GRANTED in PART and DENIED in PART for the reasons that follow. ... To the extent that Plaintiffs allege Moreno's Fourth Amendment right to be free from an unlawful search / unlawful seizure / excessive force ... those allegations will proceed to trial. Defendants' Motion for Summary Judgment in this regard is DENIED.”
“Plaintiff Daniel Gomez's ‘Motion to Subpoena’ (DE 76) is DENIED, and his instant lawsuit is DISMISSED, with prejudice.”
“The Court finds that Gomez's instant claims against Tamez are without factual or evidentiary support. Plaintiff Daniel Gomez's ‘Motion to Subpoena’ (DE 76) is DENIED, and his instant lawsuit is DISMISSED, with prejudice.”
“ORDER granting 12 Motion to Dismiss. Case terminated on 12/26/12.”
“ORDER denying [7-1] motion for severance denying [7-2] motion abatement, entered; Parties notified. ( signed by Magistrate Judge Felix Recio )”
“ORDER denying [5-1] motion to remand, entered; Parties notified. ( signed by Magistrate Judge Felix Recio )”
“ORDER denying [14-1] motion for protective order, entered; It is therefore Ordered that Dft Gulf Packing Company is not relieved of its obligations to respond to pltf's written discovery served on 10/31/01.”
“For the abovementioned reasons, it is the ruling of this court that there is a genuine issue of material fact that should be decided by a fact finder. As such, the Defendant's Motion for Summary Judgment is hereby be DENIED.”
“ORDER OF DISMISSAL granting [23-1] motion to dismiss with prejudice, entered; It is Ordered that all claims that were asserted or could have been asserted, by Pltf in this cause are hereby dismissed with prejudice and that each party bear their own costs.”
Caseload & timing
From public federal docket records for this judge.
Recio's enumerated civil docket (as distinct from his criminal-duty caseload) is a mix of removed insurance and personal-injury suits, Section 1983 prisoner and excessive-force claims, employment/age-discrimination suits, maritime/admiralty matters (attachment, seaman injury), and a smaller number of contract and immigration-habeas cases. No Social Security disability-appeal cohort was found in his enumeration, unlike several of the court's other consent magistrates.
A historical record
Judge Recio 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.