Nancy Joseph

United States District Court for the Eastern District of Wisconsin magistrate 4 signed orders read

How Judge Joseph decides

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

What persuades

On a defense summary-judgment motion she reads the record for genuinely disputed facts and will deny even a well-supported direct-threat / safety defense when the medical judgment underlying it is contested by competing expert opinion -- the moving employer must show the evidence is 'so one-sided that no reasonable jury could find' the other way.

“As to Rexnord's direct threat defense, Rexnord has not shown that the evidence is so one-sided that no reasonable jury could find for Sullivan.”

In statutory-interpretation criminal motions she applies plain-language analysis and is willing to decide a question of first impression from the text rather than waiting for on-point precedent (here holding 18 U.S.C. 1513(b) is a 924(c) crime of violence with only persuasive sister-district support).

“courts must apply the plain language of a statute when called upon to do so even in the first instance.”

Procedural preferences

In her 636(c) consent civil cases she manages the schedule hands-on (frequent telephonic status conferences, repeated stipulated extensions, court-offered mediation) before the dispositive-motion stage -- a deliberate, conference-driven case-management style.

“Minute Entry for telephonic status conference held 5/21/2012 before Magistrate Judge Nancy Joseph: Court offers mediation.”

Cautions

On de novo review her dispositive R&R recommendations have been adopted in full by the district judges in this sample (Clevert, Stadtmueller) -- objecting parties should expect a careful record-based recommendation and frame specific written objections, since unraised arguments are waived.

“Magistrate Joseph's report and recommendation on Harris' motion to dismiss is thoughtful and well-reasoned. Harris' objections thereto are without merit.”

Motion outcomes

Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.

Motions to dismiss
N = 5
Denied: 5 counts only
Summary judgment
N = 1
Denied: 1 counts only
Motion to suppress
N = 1
Granted in part: 1 counts only

A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.

Signed rulings

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

Equal Employment Opportunity Commission v. Rexnord Industries, LLC
2:11-cv-00777 · 2013-08-30
Summary judgment (defendant) Denied

“NOW, THEREFORE, IT IS ORDERED that Defendant's Motion for Summary Judgment (Docket # 66) is DENIED.”

United States v. Musgrove
2:10-cr-00231 · 2011-04-20
Motions to dismiss (defendant) Denied

“ORDER ADOPTING MAGISTRATE JUDGE JOSEPH'S RECOMMENDATION (DOC. # 27) AND DENYING DEFENDANT'S MOTION TO DISMISS INDICTMENT FOR ITS TECHNICAL INSUFFICIENCY, OR IN THE ALTERNATIVE, FOR A BILL OF PARTICULARS (DOC. #15)”

Motions to dismiss (defendant) Denied

“DENYING DEFENDANT'S MOTION TO DISMISS INDICTMENT UPON SUBSTANTIVE FIRST AMENDMENT GROUNDS (DOC. # 14)”

Motion to suppress (defendant) Granted in part

“AND GRANTING IN PART AND DENYING IN PART MOTION TO SUPPRESS EVIDENCE OBTAINED IN VIOLATION OF THE FOURTH AMENDMENT (DOC. # 16)”

United States v. Erazo-Santa
2:16-cr-00179 · 2016-12-22
Motions to dismiss (defendant) Denied

“On December 22, 2016, Magistrate Judge Nancy Joseph issued a Report and Recommendation ('Report') on the motions, recommending that they be denied. (Docket # 19). ... IT IS FURTHER ORDERED that Magistrate Judge Nancy Joseph's Report and Recommendation (Docket # 19) be and the same is hereby ADOPTED; and IT IS FURTHER ORDERED that the defendant's motions to dismiss (Docket # 11 and # 12) be and the same are hereby DENIED.”

Motions to dismiss (defendant) Denied

“Magistrate Joseph found that Erazo-Santa did not produce evidence sufficient to meet this standard. ... the defendant's motions to dismiss (Docket # 11 and # 12) be and the same are hereby DENIED. [vindictive-prosecution motion, Docket # 12]”

United States v. Harris
2:17-cr-00124 · 2018-07-03
Motions to dismiss (defendant) Denied

“IT IS FURTHER ORDERED that Magistrate Judge Nancy Joseph's July 3, 2018 Report and Recommendation (Docket # 138) be and the same is hereby ADOPTED in full; and IT IS FURTHER ORDERED that Defendant Derrick L. Harris' motion to dismiss the superseding indictment (Docket # 130) be and the same is hereby DENIED.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 929 days (N = 1).

Median motion-to-ruling time: 38 days (N = 4).

No court-wide grant rate is asserted; magistrate motion base rates are not recoverable from the assigned (warrant-heavy) docket the way they are for a district judge.