Craig A. Gargotta
How Judge Gargotta rules, drawn from 31 signed orders. Every observation links to the order it came from.
Judge Gargotta no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gargotta decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For actual-fraud claims, multiple circumstantial indicators can establish intent even without a direct admission.
“when several of these indicia of fraud are found, they can be a proper basis for an inference of fraud.”
Procedural preferences
A sanctions request should preserve the opposing party's full safe-harbor opportunity before the court resolves the challenged filing.
“only the service of the precise motion to be filed affords the opposing party a full and fair opportunity to withdraw and correct the challenged conduct.”
Cautions
An informal request to amend may fail when counsel does not identify substantive new allegations and does not submit the proposed amended pleading required by local practice.
“McKee did not file a motion for leave to amend his Counterclaims, nor did he comply with Local Rule 7015 by attaching ‘a complete, redline copy of the amended or supplemental pleading [he] proposes to file.’”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED that Plaintiff Blackstone Claim Services, Inc. Rule 12(b)(1) and 12(b)(6) Motion to Dismiss McKee’s Counterclaims (ECF No. 22) is GRANTED IN PART and DENIED IN PART.”
“IT IS THEREFORE ORDERED that Defendants’ Motion for Attorneys’ Fees (ECF No. 459) is GRANTED IN PART and DENIED IN PART.”
“IT IS THEREFORE ORDERED that Chapter 7 Trustee’s Motion to Amend Findings of Fact and Memorandum Opinion Pursuant to Fed. R. Bankr. P. 7052 and 9023 (ECF No. 444) is DENIED.”
“IT IS THEREFORE ORDERED that Trustee’s Motion to Alter, Amend, or Correct Judgment to Adjudge and Award Costs (ECF No. 443) is DENIED.”
“IT IS THEREFORE ORDERED that Defendant’s Motion for Costs and Attorneys’ Fees (ECF No. 48) is DENIED.”
“For the reasons set forth above, the Court grants the Motion to Vacate. (ECF No. 134).”
“IT IS THEREFORE ORDERED that Trustee’s Second Amended Objection to Exemption is GRANTED IN PART and DENIED IN PART.”
“ORDERED, ADJUDGED, and DECREED that Plaintiff be awarded a take nothing judgment on all counts but for Count V–Breach of Fiduciary Duty against Dundon.”
“IT IS THEREFORE ORDERED that Trustee’s Motion to Apprehend Debtor is GRANTED IN PART and DENIED IN PART.”
“For the reasons stated herein, the Trustee’s Complaint pursuant to 11 U.S.C. § 727 is GRANTED IN PART and DENIED IN PART.”
“IT IS THEREFORE ORDERED that Defendant’s Motion for Summary Judgment is DENIED.”
“It is therefore ORDERED that Defendant’s Motion for Rule 11 Sanctions (ECF No. 184) is DENIED.”
Caseload & timing
From public federal docket records for this judge.
All five sampled matters were terminated, but the archive returned no docket entries for any sampled stream.
A historical record
Judge Gargotta 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.