Jessica S. Allen
How Judge Allen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a timeliness-based remand she follows the Third Circuit majority view: an amended pleading that would create federal jurisdiction does not become removable upon mere notice of, or consent to, a motion for leave to amend -- only once the state court grants leave and the amendment becomes effective does the 30-day removal clock start. A removal filed within 30 days of that effective date is timely.
“an amended complaint that would provide a basis for subject matter jurisdiction does not become removable until the motion to amend is granted and the amended complaint becomes effective.”
She strictly construes removal statutes against removal and will remand on an uncured 1446(d) procedural defect (failure to file the notice of removal with the state-court clerk), and independently where the amount in controversy is unquantifiable -- in an injunction case the object is valued from the plaintiff's viewpoint, and an unspecified attorney-fee demand does not satisfy the $75,000 threshold to a legal certainty.
“removal statutes 'are to be strictly construed against removal and all doubts should be resolved in favor of remand.' ... the Court finds, to a legal certainty, that Plaintiff cannot recover more than $75,000 based on the claims and allegations asserted.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“this Court respectfully recommends that Plaintiff's Motion to Remand be DENIED. ... an amended complaint that would provide a basis for subject matter jurisdiction does not become removable until the motion to amend is granted and the amended complaint becomes effective.”
“this Court respectfully recommends that this matter be REMANDED, rather than dismissed, to the Superior Court of New Jersey, Chancery Division, Union County.”
“the Court cannot conclude that the removal was made for any improper purpose, and thus Defendants lacked an 'objectively reasonable basis.' Therefore, the Court declines to recommend an award of costs and fees.”
“Wise's Motion to Stay, (ECF No. 44), is DENIED. ... Wise has not met its heavy burden of demonstrating a clear case of hardship or inequity if it is required to go forward with the instant suit at this time.”
“the Undersigned respectfully recommends that the District Court dismiss Plaintiff's Complaint, (ECF No. 1), for failure to provide discovery, failure to prosecute, and failure to comply with Court Orders, pursuant to Fed. R. Civ. P. 16(f), 37 & 41(b).”
“D'Ambly's request to compel the News Defendants to produce documents withheld based on the attorney-client privileged is GRANTED IN PART AND DENIED IN PART.”
“the Report and Recommendation (ECF No. 50) is hereby adopted in its entirety and entered; and ... the motion for voluntary dismissal (ECF No. 46) is GRANTED and Plaintiff's claims are DISMISSED WITHOUT PREJUDICE”
“1. Plaintiff's Final Approval Motion is GRANTED in its entirety... 17. This Action is dismissed on the merits and with prejudice, permanently barring the Plaintiff and Class Members from filing, commencing, prosecuting, or pursuing the claims released per the terms of the Settlement... 19. This Order shall constitute a judgment for purposes of FRCP 58.”
“2. The Application is declared approved... 7. The complaint is dismissed without prejudice and without fees, costs, disbursements, damages, interest or attorneys' fees against any party. The Court shall retain jurisdiction over this matter until... Upon the last of the foregoing to occur, this action will be dismissed with prejudice.”
“6. The Court hereby approves the Settlement and hereby orders that the Settlement shall be consummated and implemented in accordance with its terms and conditions... 17. The operative Complaint in the Action and all claims asserted therein are hereby dismissed with prejudice and without costs... 25. Judgment: The Court hereby enters judgment on all claims, counts and causes of action alleged in the Action.”
“14. Class Counsel is awarded Attorneys' Fees in the amount of $150,000.00, and litigation costs and expenses ... The Court finds that Class Counsel's efforts in this litigation and the results achieved on behalf of the Class merit an award of the requested Attorneys' Fees.”
“16. The Court hereby grants final approval of the Class Settlement as set forth in the Settlement Agreement and all its terms and provisions... the Court has carefully analyzed each of the factors set forth in Fed. R. Civ. P. 23(e)(2), Girsh v. Jepson, 521 F.2 153, 157 (3d Cir. 1975)... 18. The Action is hereby dismissed with prejudice and without costs.”
“ORDER granting 110 Motion for Attorney Fees and Reimbursement of Expenses, as well as Plaintiffs' Service Awards. Signed by Magistrate Judge Jessica S. Allen on 1/15/2025.”
“motion to compel the deposition, (ECF No. 118), is DENIED”
“cross-motion for a protective order precluding the deposition is GRANTED”
“motion to enforce the settlement (ECF No. 90) is GRANTED in part”
Put Judge Allen's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Allen actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Allen's own signed orders and cites them.