Stephen W. Smith

U.S. District Court for the Southern District of Texas magistrate Retired 2018 · served 2004–2018 Appointed by Judges of the U.S. District Court for the Southern District of Texas 19 signed orders read

Judge Smith no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Smith decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

At summary judgment he required concrete evidence rather than an unexplained corporate decision process before accepting a nondiscriminatory compensation rationale.

“the employer’s articulated reason here ‘is at least as consistent with discriminatory intent as it is with nondiscriminatory intent.’”

In privacy-sensitive surveillance matters, he narrowed authorized collection to the demonstrated investigative need even when binding circuit law permitted access.

“For that very reason, I have reduced the relevant time window here from one hour to ten minutes.”

Procedural preferences

Smith treated intrusive digital searches as requiring exact compliance with territorial, particularity, and minimization rules even when the investigative technique was novel.

“the extremely intrusive nature of such a search requires careful adherence to the strictures of Rule 41 as currently written”

He resisted litigation delays that would duplicate ordinary federal discovery without advancing Rule 1's just, speedy, and inexpensive resolution mandate.

“No just or worthwhile purpose would be served by suspending these proceedings to allow Underwriters to take a belated and unneeded out-of-court deposition.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. Guerrero
number unavailable · 2009-11-02
Pretrial detention (government) Granted

“It is therefore ORDERED that the defendant is committed to the custody of the Attorney General or his designated representative”

Richey v. Wal-Mart Stores, Inc.
number unavailable · 2009-10-23
Summary judgment (defendants) Denied

“For all these reasons, Wal-Mart’s motion for summary judgment is denied in all respects.”

In re Application of the United States for Historical Cell Site Data
three sealed investigations · 2010-10-29
Application for historical cell site data (government) Denied

“In three separate criminal investigations earlier this month, this court denied the Government’s request under the Stored Communications Act (SCA) to compel cell phone service providers to produce cell site information for target cell phones.”

Application for historical cell site data (government) Denied
Application for historical cell site data (government) Denied
United States v. Rix
number unavailable · 2008-08-01
Application for involuntary medication (government) Denied

“Accordingly, it is recommended that the Government’s motion for involuntary medication be denied.”

Marroquin v. City of Pasadena
number unavailable · 2007-08-02
Summary judgment (defendant) Denied

“ORDERED that the City of Pasadena’s motion for summary judgment (Dkt.12) is denied.”

Conlay v. Baylor College of Medicine
number unavailable · 2010-01-15
Summary judgment (defendants) Granted in part

“granting defendants’ motion for summary judgment on plaintiff Dr. Lydia Conlay’s defamation and gender discrimination claims, and denying the motion on her Title VII retaliation claims”

Transocean Offshore Deepwater Drilling, Inc. v. Eni U.S. Operating Co.
number unavailable · 2013-09-10
Summary judgment (defendant Eni) Granted

“For these reasons, it is recommended that Eni’s motion for summary judgment be granted, and Transocean’s motion be denied.”

Summary judgment (plaintiff Transocean) Denied
Beasley v. City of Sugar Land
number unavailable · 2006-01-19
Summary judgment (defendant) Granted

“defendant’s motion for summary judgment is granted.”

Equal Employment Opportunity Commission v. Lawler Foods, Inc.
number unavailable · 2015-09-10
Motion to bifurcate (plaintiff EEOC) Granted in part

“The motion is granted in part and denied in part.”

In re the Complaint of AEP River Operations, LLC
number unavailable · 2012-01-23
Motion to increase security (claimant) Denied

“For the foregoing reasons, Center-Point’s motion to increase security is denied.”

PJC Bros. v. S&S Claims Service, Inc.
number unavailable · 2010-03-15
Motion to abate (defendants) Denied

“Defendants’ motion to abate (Dkt.7) is denied.”

Price v. United States Department of Education
number unavailable · 2016-07-01
Summary judgment (plaintiff) Granted

“Price’s motion for summary judgment should be granted, and the Department’s motion denied”

Summary judgment (defendant) Denied

Caseload & timing

From public federal docket records for this judge.

The earliest 20 exact-name assigned records mix employment and civil-rights cases, Social Security appeals, FLSA, contract and maritime disputes, environmental litigation, and criminal or surveillance magistrate matters. This fixed historical slice is not representative of Smith's entire Houston docket.

A historical record

Judge Smith 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.