Joel C. Hoppe
How Judge Hoppe rules, drawn from 27 signed orders. Every observation links to the order it came from.
How Judge Hoppe decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a fee-shifting statute that authorizes fees only for a specific statutory claim, the court ties the award tightly to the claim actually won rather than the full scope of the litigation, even in a sprawling multi-defendant, multi-theory case.
“The Court may not award attorney's fees (as opposed to Rule 54 costs) against any Defendant not named as a party-defendant to Plaintiffs' § 8.01-42.1 claims in Count IV, or to any Plaintiff who did not bring a substantive claim under Virginia Code § 8.01-42.1(A).”
In Social Security review, a remand is warranted when the administrative decision does not resolve material conflicts in the medical evidence or explain how the claimant can meet the demands of prior work.
“ALJ Kennedy’s failure to resolve those material conflicts means his RFC ‘analysis is incomplete and precludes meaningful review.’”
Procedural preferences
On a discovery dispute, the court holds the resisting party to its burden strictly: if the responding party fails to press an objection (here, proportionality and confidentiality) in its opposition brief, the court treats it as abandoned rather than considering it sua sponte.
“In its response, Defendant did not argue that the requested discovery was not proportional to the case or that it was protected from discovery by confidentiality laws. Accordingly, the Court considers those arguments to be abandoned and limits its analysis to Defendant's relevance objections.”
Cautions
On a claim of financial inability to pay a fee or cost award, bare declarations without supporting financial documentation are not enough to overcome the presumption that a losing party owes costs.
“No Defendant submitted financial documents, or any other evidence, to substantiate his self-serving, conclusory assertion that he 'cannot afford' or has 'no money' to pay Plaintiffs' costs.”
A claimant who relies on medical evidence created after the insured period must connect that later evidence to the relevant period; otherwise an absence of contemporaneous treatment can support affirmance.
“The ALJ reasonably determined that this absence of treatment, combined with the absence of any nexus between the post-DLI evidence and Albert’s pre-DLI state, undermined his allegations that his impairments were as severe as he alleged during the relevant period.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I respectfully recommend that the presiding District Judge GRANT the Motion to Dismiss, ECF No. 6, and DISMISS the action without prejudice.”
“I recommend that default judgment be entered against Defendant APC, and that APC be ordered to pay West $5,000 in actual damages and $1,000 in statutory damages under the FDCPA. The motion should be denied with respect to Defendant Jackson, and he should be dismissed from the action without prejudice for lack of personal jurisdiction.”
“I also recommend that the presiding District Judge GRANT West's Motion for Attorney Fees and Costs, ECF No. 24, and that she be awarded $9,671.25 in attorney's fees and costs, to be paid by Defendant APC.”
“I respectfully recommend that the presiding District Judge GRANT IN PART Plaintiffs' post-trial Motion for Attorney's Fees and Costs ... Specifically, Plaintiffs ... should be awarded $3.18 million in reasonable attorney's fees ... Plaintiffs should be awarded $468,216.15 in costs under Rule 54(d)(1)”
“After considering the administrative record, the parties' briefs and oral arguments, and the applicable law, the Court finds that substantial evidence supports the ALJ's determination and affirms the Commissioner's decision.”
“Having considered the administrative record, the parties' briefs, and the applicable law, I find that the Commissioner's final decision is not supported by substantial evidence in the record. The decision will be reversed and the case remanded under the fourth sentence of 42 U.S.C. § 405(g).”
“Having considered the administrative record, the parties' briefs and oral arguments, and the applicable law, I find that substantial evidence supports the Commissioner's final decision, and it is therefore affirmed.”
“Having considered the administrative record, the parties' briefs and oral arguments, and the applicable law, I find that the Commissioner's decision is not supported by substantial evidence and that remand for further administrative proceedings is necessary.”
“Having considered the administrative record, the parties' briefs and oral arguments, and the applicable law, I find that the Commissioner's final decision is not supported by substantial evidence in the record. The decision will be reversed and the case remanded under the fourth sentence of 42 U.S.C. § 405(g).”
“Having considered the administrative record, the parties' briefs and oral argument, and the applicable law, I affirm the Commissioner's final decision.”
“Having considered the administrative record, the parties' briefs and oral argument, and the applicable law, I find that the Commissioner's final decision is not supported by substantial evidence in the record. The decision is reversed and the case remanded under the fourth sentence of 42 U.S.C. § 405(g).”
“FINAL JUDGMENT AND ORDER denying Plaintiff's Motion for Summary Judgment; granting Defendant's Motion for Summary Judgment; Dismissing case from the active docket. Signed by Magistrate Judge Joel C. Hoppe on 11/4/2015.”
“Having considered the administrative record, the parties' briefs, and the applicable law, I find that substantial evidence supports the Commissioner's decision that Johnson is not disabled.”
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