Nancy K. Johnson
How Judge Johnson rules, drawn from 5 signed orders. Every observation links to the order it came from.
Judge Johnson no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Johnson
Nancy K. Johnson served as a United States Magistrate Judge in the Southern District of Texas from 1990 to 2020. She earned a J.D. from the University of Cincinnati College of Law in 1978 and previously worked for the Ohio Attorney General, the Texas Attorney General, and a U.S. Attorney’s Office.
How Judge Johnson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Cinco CLA's lease-guaranty suit, Johnson stated that a party opposing summary judgment had to identify evidence of a genuine factual dispute rather than rely on its pleadings. She recommended summary judgment for the landlord.
“If the movant carries its burden, the nonmovant may not rest on the allegations or denials in the pleading but must respond with evidence showing a genuine factual dispute.”
In Ilfrey v. Colvin, Johnson recommended remand because the ALJ cited no evidence supporting her conclusion that the claimant did not meet Listing 1.05B. Johnson found that determination lacked substantial evidence and recommended further consideration of the claimant’s medical opinions and listing eligibility.
“Here, the problem with the ALJ’s determination that Plaintiff’s impairment did not meet or equal Listing 1.05B is that it is not supported by substantial evidence.”
Procedural preferences
In Gros v. Walker County Hospital Corp., she found the plaintiff's breach-of-contract allegations thin but sufficient to survive a Rule 12(b)(6) motion. She recommended denying dismissal of that claim while recommending dismissal of other claims.
“While the court agrees that Mr. Gros’s factual allegations are somewhat thin, Mr. Gros sufficiently alleges a breach of contract.”
Cautions
In Gros v. Walker County Hospital Corp., she concluded that a hospital CFO's statements about the hospital's finances were made as part of his job duties under Garcetti. She recommended dismissing his First Amendment retaliation claim on that basis.
“the court agrees with Defendant that Mr. Gros’s speech was made in the course of performing his job as the Hospital’s CFO because making statements about the Hospital’s finances is inherently part of a CFO’s job.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On June 22, 2017, Magistrate Judge Nancy K. Johnson filed a memorandum and recommendation (‘M&R’) recommending that the court grant the defendants’ motion to dismiss (Dkt. 7) ... On July 6, 2017, the court adopted the M&R in full and issued a final judgment in favor of defendants.”
“recommending that the court ... deny Watkins’s motion to grant relief (Dkt. 18) ... the court adopted the M&R in full”
“recommending that the court ... deny Watkins’s motion for continuance (Dkt. 15) ... the court adopted the M&R in full”
“Defendants Easterwood and Sheppard’s motion for summary judgment (Dkt. 68) is GRANTED.”
“Defendant Isaac’s motion to dismiss (Dkt. 96) is GRANTED and, because the claim against him is barred by the statute of limitations, it is DISMISSED WITH PREJUDICE.”
“Defendant Checker’s first amended motion for summary judgment (Dkt. 104) is GRANTED IN PART and DENIED IN PART.”
“Defendants Avis’s first amended motion for summary judgment (Dkt. 105) is GRANTED.”
“Defendants Easterwood and Sheppard’s objection and motion to strike plaintiff’s summary judgment evidence (Dkt. 77) is OVERRULED and DENIED.”
“the court RECOMMENDS that Defendant’s motion be GRANTED in part and DENIED in part.”
“it is hereby ORDERED that Defendant’s motion to strike Plaintiffs’ surreply is DENIED.”
“the court RECOMMENDS that Plaintiff’s motion for summary judgment be GRANTED.”
“the court RECOMMENDS that Plaintiff’s motion be GRANTED and Defendant’s motion be DENIED and that the case be remanded to the Social Security Administration for further proceedings.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 574 days (N = 2).
Median motion-to-ruling time: 153 days (N = 3).
Pending matters in the official report
Judge Johnson was last listed in the Civil Justice Reform Act report as of March 31, 2021.
| Motions pending more than six months | 0 |
| Bench trials submitted more than six months | 0 |
| Bankruptcy appeals pending more than six months | 0 |
| Social Security appeals pending more than six months | 0 |
| Civil cases pending more than three years | 0 |
| Report | Motions over six months | Cases over three years |
|---|---|---|
| Mar 2021 | 0 | 0 |
| Sep 2020 | 0 | 0 |
A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.
A historical record
Judge Johnson no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.