Orlando Luis Garcia

How Judge Garcia rules, drawn from 17 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Western District of Texas
Position
District judge
Appointed by
Bill Clinton (Democratic)
Commissioned
March 11, 1994
ABA rating
Unanimously Qualified
Education
University of Texas at Austin (B.A., 1975); University of Texas School of Law (J.D., 1978)
Signed orders read
17

About Judge Garcia

Orlando Luis Garcia is a judge of the United States District Court for the Western District of Texas. Appointed by President William J. Clinton, Judge Garcia received a commission on March 11, 1994.

Judge Garcia's practices and standing orders

Rules for cases before Judge Garcia, as published on the court's website (checked October 8, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Motions

The following procedure must be followed before any party files a Motion to Dismiss under Rule 12(b)(6) in cases where all parties are represented by counsel.

“The following procedure must be followed before any party files a Motion to Dismiss under Rule 12(b)(6) in cases where all parties are represented by counsel.”

Motions

Before filing a Motion to Dismiss under Rule 12(b)(6), counsel shall confer with opposing counsel concerning the purported deficiencies and the expected basis of the Motion.

“Before filing a Motion to Dismiss under Rule 12(b)(6), counsel shall confer with opposing counsel concerning the purported deficiencies and the expected basis of the Motion.”

Motions

Any Rule 12(b)(6) Motion filed without this Certificate of Conference will be

“Any Rule 12(b)(6) Motion filed without this Certificate of Conference will be”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 8, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Garcia decides

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

Cautions

In a store slip-and-fall case, he granted summary judgment on general-negligence and negligent-undertaking theories because the evidence concerned a floor condition rather than a contemporaneous activity. He left the premises-liability claim against the store operator for trial.

“the record evidence clearly demonstrates that a premises liability claim is Plaintiff’s potential avenue for relief in this case.”

In a state-prisoner habeas case, he rejected equitable tolling where the petitioner waited more than a year after direct review ended to file a state application and gave no specific reason for the delay. He dismissed the federal petition as untimely.

“This delay alone weighs against a finding of diligence.”

Signed rulings

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

Vasquez v. Union Pacific Railroad Co.
5:22-cv-00478-OLG · 2024-09-23
Summary judgment (defendant) Granted

“For the reasons stated in the recommendation, Plaintiff's motion for partial summary judgment (docket no. 49) is DENIED and Defendant's motion for summary judgment (docket no. 51) is GRANTED.”

Summary judgment (plaintiff) Denied

“Plaintiff's motion for partial summary judgment (docket no. 49) is DENIED and Defendant's motion for summary judgment (docket no. 51) is GRANTED.”

Carson v. McDevitt
5:23-cv-00443-OLG · 2023-07-27
Motions to dismiss (defendant) Granted

“Defendant's motion to dismiss (Dkt. No. 5) is GRANTED and Plaintiff's claims are DISMISSED for lack of subject matter jurisdiction. This case is CLOSED.”

Feist v. United States of America
5:23-cv-01017-OLG · 2024-02-22
Motions to dismiss (United States of America) Granted

“Accordingly, the Court ACCEPTS the Magistrate Judge's R&R (Dkt. No. 9) and, for the reasons set forth therein, Defendant's Motion to Dismiss (Dkt. No. 7) is GRANTED and Plaintiff's claims are DISMISSED WITHOUT PREJUDICE.”

Ometu v. City of San Antonio, et al.
5:21-cv-00925-OLG · 2024-02-01
Summary judgment (City of San Antonio) Granted

“Accordingly, the Court ACCEPTS the Magistrate Judge's R&R (Dkt. No. 76) and, for the reasons set forth therein, Defendant the City of San Antonio's Motion for Summary Judgment (Dkt. No. 42) is GRANTED”

Summary judgment (Devin Day and Richard Serna) Granted

“Defendants Devin Day and Richard Serna's Motion for Summary Judgment (Dkt. No. 62) is GRANTED”

Summary judgment (Mathias Ometu (Plaintiff)) Denied

“Plaintiff Mathias Ometu's Motions for Summary Judgment (Dkt. Nos. 47, 48, 49) are DENIED”

Judgment on the pleadings (Devin Day and Richard Serna) Moot / procedural

“Defendants Devin Day and Richard Serna's Motion to Dismiss on the Pleadings (Dkt. No. 62) is DENIED AS MOOT.”

Banda v. Cappuccio, Quiroz, and Pulman, Cappuccio, & Pullen, LLP
5:23-cv-00946-OLG-RBF · 2025-03-17
Summary judgment (Elliot S. Cappuccio and Pulman, Cappuccio, & Pullen, LLP) Denied

“Accordingly, the Court ADOPTS the Magistrate Judge's R&R, and, for the reasons set forth therein, Defendants' Motion for Summary Judgment (Dkt. No. 18) and the Motion for Summary Judgment filed by Plaintiff (Dkt. No. 21) are DENIED.”

Summary judgment (Christopher P. O. Banda (Plaintiff)) Denied
Puebla v. Ford Motor Company and Cavender Grande Ford
5:25-cv-00476-OLG-HJB · 2025-07-07
Motions to remand (Roberto Puebla (Plaintiff)) Denied

“Accordingly, the Court ADOPTS Judge Bemporad's R&R and, for the reasons set forth therein, Plaintiff's Emergency Motion to Strike Removal and Recognize Continued State Court Jurisdiction Due to Fraud (Dkt. No. 17) and Plaintiff's Motion to Remand (Dkt. No. 20) are DENIED.”

Smith v. Locker, Saenz, Gonzalez, and Guadalupe County
5:23-cv-00881-OLG · 2024-03-25
Motions to dismiss (Robert Locker, Jimmy Gonzalez, Hunter Saenz, and Guadalupe County) Granted in part

“For the reasons stated in the recommendation, Defendants' Motion to Dismiss (Dkt. No. 8) is GRANTED as to Smith's claims against Guadalupe County; GRANTED as to Smith's Fourth Amendment excessive force claim against Locker; and otherwise DENIED.”

Samuelson v. Comal Independent School District, et al.
5:25-cv-01355-OLG · 2026-04-21
Motions to dismiss (Comal Independent School District Defendants) Granted

“The Court has reviewed the recommendation de novo and finds that the R&R is in all things correct and should be accepted. Accordingly, the Court ADOPTS the Magistrate Judge's R&R (Dkt. No. 25) and, for the reasons set forth therein, Defendant's Motion to Dismiss (Dkt. No. 20) is GRANTED, and Plaintiff's claims in the Second Amended Complaint are DISMISSED.”

Hope, et al. v. State Farm Lloyds
5:21-cv-00510-OLG · 2024-05-28
Summary judgment (State Farm Lloyds) Granted in part

“In all other respects, the Court ACCEPTS the Magistrate Judge's recommendation (Dkt. No. 33). For the reasons stated in the recommendation, Defendant's Motion for Summary Judgment Regarding Plaintiffs' Extra-Contractual Claims (Dkt. No. 27) is DENIED IN PART as to Plaintiffs' promptness-based claims under Texas Insurance Code §§ 542.003(b)(2)-(3), 542.055-.056, 542.058(a), and 542.060(a)(3), but GRANTED as to all other claims.”

Ortega v. Sienna Marketing & Consulting Inc.
5:24-cv-00487-OLG-ESC · 2025-03-21
Motions to dismiss (Sienna Marketing & Consulting Inc.) Granted in part

“ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 Report and Recommendations, Status Report Order, GRANTING IN PART AND DENIED IN PART 12 Motion to Dismiss for Failure to State a Claim filed by Sienna Marketing & Consulting Inc.,. Signed by Judge Orlando L. Garcia.”

Jenes v. Secretary of Veterans Affairs
5:22-cv-00740-OLG · 2024-02-01
Motions to dismiss (Secretary of Veterans Affairs) Granted in part

“It is therefore ORDERED that the Magistrate Judge's recommendation (docket no. 24) is ACCEPTED and Defendant's motion to dismiss (docket no. 20) is GRANTED IN PART AND DENIED IN PART. For the reasons stated in the recommendation, Plaintiff's state law claims, her claims of disability discrimination and retaliation under the ADA and Rehabilitation Act, and her claims of hostile work environment and race discrimination under Title VII are dismissed with prejudice. Plaintiff's claims of national origin and sex discrimination and retaliation under Title VII shall remain pending.”

Alexander v. Wal-Mart, Inc. and Wal-Mart Stores Texas, LLC
5:19-cv-00721-OLG · 2021-03-31
Summary judgment (Wal-Mart, Inc.) Granted

“For the reasons set forth above, Defendant Wal-Mart, Inc.'s Motion for Summary Judgment (docket no. 22) is GRANTED”

Summary judgment (Wal-Mart Stores Texas, LLC) Granted in part

“and Defendant Wal-Mart Stores Texas, LLC's Motion for Partial Summary Judgment (docket no. 23) is GRANTED IN PART and DENIED IN PART. Specifically, Wal-Mart Stores Texas, LLC's motion is granted as to Plaintiff's ‘general negligence’ and ‘negligent undertaking’ claims and denied only to the extent that Defendant also requested ‘summary judgment’ as to a sub-issue regarding Plaintiff's remaining premises liability claim. Only Plaintiff's premises liability claim against Defendant Wal-Mart Stores Texas, LLC shall proceed to trial in this case.”

Caseload & timing

From public federal docket records for this judge.

The fifteen reviewed dockets filed in 2021 and 2022 provide a limited view of Judge Garcia's caseload rather than a complete census.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years2
ReportMotions over six monthsCases over three years
Mar 202602
Sep 202501
Mar 202502
Sep 202403
Mar 202404
Sep 202314
Mar 202306
Sep 202203
Mar 202203
Sep 202104
Mar 202103
Sep 202012

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.

How long civil cases take in this court

For the whole of U.S. District Court for the Western District of Texas, not for Judge Garcia: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed3,6917.7 months
Closed with no court action1,1715.5 months
Closed before pretrial2,1157.5 months
Closed during or after pretrial36614 months
Closed during trial3930.6 months
12 months endingCases closedMedian time
Sep 20253,6917.7 months
Sep 20243,4407.8 months
Sep 20233,8237.2 months
Sep 20223,6338.3 months
Sep 20213,1788 months
Sep 20202,9906.4 months
Sep 20192,8547.1 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

Draft for Judge Garcia with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Garcia, and what has not, cited to the signed orders.

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