Ricardo H. Hinojosa

Hinojosa declines to grant a premature dispositive motion and instead lets the nonmovant complete discovery before he rules on the merits. In Viera v. Univision he DENIED the defendant's first summary-judgment motion (filed before discovery), entered a scheduling order, allowed the plaintiff to take additional depositions, and only then GRANTED the renewed (second) summary-judgment motion on a full record -- so an early SJ denial from him is not a merits signal, it is a 'develop the record first' signal.

“The Court addresses Deft's Motion for Summary Judgment. Arguments of counsel. The Court DENIES 18 MOTION for Summary Judgment. The Court will issue a docket control order.”

He converts/redirects rather than dismissing outright: faced with a Rule 12 motion to dismiss raising matters better suited to a developed record, he denied the motion to dismiss WITHOUT PREJUDICE to refiling it as a motion for summary judgment, while simultaneously granting the plaintiff leave to amend -- favoring resolution on a summary-judgment record over a pleadings-stage dismissal.

“The Court GRANTS Plaintiff's Motion for Leave to Amend Complaint. The Court also DENIES Deft.'s Motion to Dismiss without prejudice to refiling as a motion for summary judgment”