Yvonne Y. Ho
How Judge Ho rules, drawn from 27 signed orders. Every observation links to the order it came from.
How Judge Ho decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a plaintiff's Rule 41(a)(2) voluntary dismissal, she follows the traditional rule that dismissal without prejudice should be allowed unless the defendant shows plain legal prejudice beyond the mere prospect of a second lawsuit; a defendant's bare continued objection without a showing of cognizable prejudice does not defeat it.
“courts have generally followed the traditional principle that dismissal without prejudice should be allowed 'unless the defendant will suffer some plain legal prejudice other than the mere prospect of a second lawsuit.' ... It also lists the reasons why Defendant will not be prejudiced in a legally cognizable manner.”
Procedural preferences
Resolves removal and dispositive motions together on referral: where remand is unwarranted she retains the case and reaches the merits, recommending dismissal in the same M&R (St. Amand: remand denied + MTD granted, dismissed with prejudice).
“Magistrate Judge Ho's Memorandum and Recommendation (Doc. No. 12) that the Court deny Plaintiff's motion to remand and grant the Defendant's motion to dismiss.”
Cautions
Tests pleadings rigorously for facial plausibility; recommends dismissal with prejudice where the complaint fails to state a claim across all asserted theories (Bader: breach of contract, gross negligence, and unjust enrichment all dismissed).
“recommending that this lawsuit be dismissed with prejudice because Plaintiff has not stated a claim for breach of contract, gross negligence, or unjust enrichment.”
Emergency injunctive relief requires genuine urgency and a supported likelihood of success. Waiting until just before a scheduled foreclosure sale can undercut the claimed emergency, particularly when the merits showing is also deficient.
“She issued a Memorandum and Recommendation recommending that the motion be denied because Plaintiff (i) manufactured any ‘emergency’ by waiting until just before the challenged foreclosure sale to seek relief, and (ii) failed to demonstrate a likelihood of success on the merits.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Judge Ho filed a Memorandum and Recommendation on April 29, 2025, recommending that this lawsuit be dismissed with prejudice because Plaintiff has not stated a claim for breach of contract, gross negligence, or unjust enrichment. ... (2) This case is DISMISSED WITH PREJUDICE.”
“She recommends that Plaintiff's notice to voluntarily dismiss the case without prejudice be granted pursuant to Rule 41(a)(2). ... The notice by Plaintiff Demarcus Gene Hubert for voluntary dismissal without prejudice is accepted as a motion under Rule 41(a)(2) and is on that basis GRANTED. ... The case is DISMISSED WITHOUT PREJUDICE.”
“the Memorandum and Recommendation (Doc. No. 12) is ADOPTED; Plaintiff[']s Motion to Remand (Doc. No. 5) is DENIED;”
“and Defendant's Motion to Dismiss (Doc. No. 7) GRANTED; It is further ORDERED that Plaintiff[']s case is DISMISSED WITH PREJUDICE.”
“The motion by the United States of America to intervene and to dismiss is GRANTED.”
“it is RECOMMENDED that Defendant Frank Bisignano, Commissioner of the Social Security Administration's Motion to Dismiss (Dkt. 14), which is more properly construed as a motion for summary judgment, be GRANTED, and that this action be DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies.”
“it is RECOMMENDED that the Commissioner's motion to dismiss or for summary judgment (Dkt. 4) be GRANTED, and this appeal be DISMISSED WITH PREJUDICE for failure to exhaust administrative remedies.”
“It is further RECOMMENDED Defendant's motion for partial summary judgment (Dkt. 31) be DENIED AS MOOT and her amended motion for partial summary judgment (Dkt. 42) be DENIED without prejudice to refiling.”
“On December 11, 2025, Plaintiff Heloisa Jager filed a motion for leave to file a first amended complaint, Dkt. 53, which Defendant U.S. Department of Transportation, Federal Aviation Administration (‘FAA’) opposed, Dkt. 55. For the reasons below, the motion is denied.”
“it is RECOMMENDED that Defendants Ur Mendoza Jaddou, Director, U.S. Citizenship Immigration Services, et al.'s motion to dismiss (Dkt. 11) be GRANTED. It is further recommended that Plaintiff Marlen Sayegh A.'s sole claim under the Administrative Procedure Act be DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.”
“For the foregoing reasons, it is RECOMMENDED that the motion to remand filed by Plaintiffs M Felder Trucking LLC and Mark Felder (Dkt. 7) be GRANTED, and that this case be REMANDED to state court.”
“Gaimin's motion to dismiss, embedded in its notice of removal (Dkt. 1), should be DENIED AS MOOT.”
“For the foregoing reasons, it is RECOMMENDED that Plaintiff Jacqueline R. Manuel's motion to reopen the case (Dkt. 40) be DENIED, and her application for leave to proceed in forma pauperis (Dkt. 41) be DENIED AS MOOT.”
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