Joseph H.L. Perez-Montes
How Judge Perez-Montes decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In employment cases he holds Title VII pay-discrimination plaintiffs to the Fifth Circuit's strict 'nearly identical' comparator standard: a comparator outside the protected class must share the same supervisor and substantially the same duties. Different supervisors or a 'unique' job (here, the only Official Court Reporter) defeats the prima facie case.
“Batiste has failed to show the two white employees she alleges were better-paid than she were 'nearly identical' to her... Because Chenevert had a different supervisor than Batiste and different job duties, they are not 'nearly identical.' Therefore, Chenevert is not a valid comparator.”
On removal he applies improper-joinder doctrine rigorously: a non-diverse defendant is improperly joined where the plaintiff failed to exhaust a statutory pre-suit process (here the Louisiana Medical Malpractice Act review panel), and jurisdiction is judged at the time of removal -- post-removal amendments or new theories will not earn a remand.
“It is clear that 'a non-diverse defendant is improperly joined if the plaintiff fails to exhaust his claims before filing suit.'... Post-removal events -- including amendments -- generally do not justify remand.”
Procedural preferences
On a Rule 12(b)(6) motion he is plaintiff-protective at the pleading stage -- he treats such motions as 'viewed with disfavor and.. rarely granted,' draws all reasonable inferences for the plaintiff, and lets even 'barely sufficient' allegations through to discovery.
“The reasonable inferences which may be drawn from Plaintiffs' Petition are sufficient -- although perhaps barely sufficient -- to survive the Motion to Dismiss.”
He polices the summary-judgment record strictly on admissibility: hearsay recounted in a deposition or affidavit is not competent summary-judgment evidence, so a discrimination plaintiff cannot survive on second-hand reports of a decision-maker's statements.
“Batiste's recounting of Lachney's testimony is plainly hearsay evidence... This Court cannot consider hearsay evidence in an affidavit or deposition as summary judgment evidence... There is no competent direct evidence of discrimination before the Court.”
Cautions
Pro se prisoner Bivens damages claims that stray beyond the Bivens-Davis-Carlson trilogy are screened out at 1915/1915A as a 'new context' barred by 'special factors' (the FTCA and BOP grievance process). Frame federal-prisoner claims around an existing remedy or expect dismissal with prejudice at screening.
“Because Burke fails to state a claim under Bivens, IT IS RECOMMENDED that his Complaint be DENIED and DISMISSED WITH PREJUDICE under §§ 1915(e)(2)(b) and 1915A.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS RECOMMENDED that the Motion to Remand (Doc. 11) filed by Plaintiffs, Stacey and Heather Aultman, be DENIED.”
“IT IS RECOMMENDED that the Motion to Dismiss (Doc. 10) filed by Defendants be DENIED.”
Sua sponte prisoner-screening recommendation under 28 U.S.C. Sections 1915(e)(2)(B) and 1915A. Perez-Montes recommended: 'Because Burke fails to state a claim under Bivens, IT IS RECOMMENDED that his Complaint be DENIED and DISMISSED WITH PREJUDICE under §§ 1915(e)(2)(b) and 1915A.' The recommendation did not address leave to amend. The pro se federal prisoner alleged that an officer slammed his fingers in a food-tray slot, although x-rays were negative. Applying Ziglar v. Abbasi and Egbert, Perez-Montes treated the Eighth Amendment theory as a new context beyond Carlson and found that the FTCA and the BOP Administrative Remedy Program counseled against extending Bivens. District Judge Drell adopted the recommendation.
“IT IS FURTHER ORDERED that Defendants' second Motion to Dismiss (Doc. 35) is GRANTED and Plaintiff's claims against all Defendants are DISMISSED WITH PREJUDICE.”
“Based on the foregoing, Couvillon's Motion for Summary Judgment (Doc. 60) will be GRANTED and Batiste's action will be DISMISSED WITH PREJUDICE.”
“Because genuine issues of material fact remain as to whether Hicks is entitled to qualified immunity and whether Hicks's use of force was excessive; IT IS RECOMMENDED that Hicks's Motion for Summary Judgment (Doc. 47) be DENIED.”
“IT IS ORDERED that the final decision of the Commissioner is AFFIRMED, and Toms's appeal is DENIED and DISMISSED WITH PREJUDICE.”
“The final decision of the Commissioner is AFFIRMED and Jeansonne's appeal is DENIED AND DISMISSED WITH PREJUDICE.”
“Because Jeansonne has not identified any manifest error of fact or law, IT IS ORDERED that her Rule 59 Motion to Alter or Amend Judgment (Doc. 20) is DENIED.”
“Because Anderson was not involved in obtaining or executing the disputed arrest warrant, Melvin cannot state a viable claim against him. And because Melvin has failed to raise a genuine issue regarding whether Wyatt's (or the SPSDs') actions in executing the arrest warrant were objectively unreasonable, Wyatt and he SPSDs are entitled to qualified immunity. Melvin's remaining claims are either unsupported for purposes of summary judgment, or should be dismissed under qualified immunity.”
“IT IS ORDERED that the Town's Motion for a More Definite Statement (Doc. 7) is GRANTED. Hudson is ORDERED TO FILE AN AMENDED COMPLAINT within 30 days of the date of this Order.”
“IT IS RECOMMENDED that the Town of Woodworth's motion to dismiss (Doc. 7) be GRANTED as follows: Hudson's federal claim for punitive damages against the Town (only) should be DISMISSED WITH PREJUDICE; (2) Hudson's state law claim for punitive damages should be DISMISSED WITHOUT PREJUDICE; and (3) Hudson's Eighth Amendment claim should be DISMISSED WITH PREJUDICE.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 472 days (N = 12).
Median motion-to-ruling time: 27 days (N = 9).
Put Judge Perez-Montes's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Perez-Montes actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Perez-Montes's own signed orders and cites them.