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Sandra J. Feuerstein

United States District Court for the Eastern District of New York district Retired 2021 · served 2003–2021 Appointed by George W. Bush (Republican) 19 signed orders read

Judge Feuerstein no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Feuerstein decides

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

What persuades

A jurisdictional dismissal requires an actual federal basis; the Declaratory Judgment Act cannot supply jurisdiction by itself.

“the DJA does not provide an independent basis for jurisdiction over Plaintiffs claims”

On wireless-facility challenges, undisputed evidence of a coverage gap and the feasibility of the proposed site supported summary judgment and an order directing issuance of permits.

“no triable issues of material fact remain on T-Mobile's effective-prohibition cause of action”

Procedural preferences

Failure to serve within the prescribed period was not excused by a conclusory assertion that service was proper; the party seeking more time had to show good cause.

“Plaintiff has failed to demonstrate that it properly served the Moving Defendants”

Unsupported assertions in a local summary-judgment statement were disregarded rather than treated as evidence.

“The unsupported assertions in the parties' respective Local Civil Rule 56.1 statements ... have been disregarded.”

Cautions

A plaintiff may establish Article III standing yet still lose under Rule 12(b)(6); jurisdiction and merits were analyzed separately.

“motion to dismiss ... for lack of subject matter jurisdiction ... is denied; and ... for failure to state a claim ... is granted”

Signed rulings

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

Lab Crafters, Inc. v. Flow Safe, Inc.
· 2005-05-05
Motions to dismiss (defendant) Granted

“Moving Defendants' motion to dismiss Plaintiffs Amended Complaint without prejudice as against them is GRANTED”

Motion to extend time (plaintiff) Denied

“Plaintiffs cross-motion to extend time is DENIED.”

Hussain v. Commissioner of the Nassau County Police Department
· 2005-05-18
Motions to dismiss (defendant) Granted

“Defendants' motion to dismiss is GRANTED.”

Adu v. United States
· 2005-07-06
Section 2255 motion (petitioner) Denied

“Adu's petition for a writ of habeas corpus is DISMISSED in its entirety.”

Vargas-Crispin v. Zenk
· 2005-07-13
Habeas petition (petitioner) Denied

“Petitioner's application for a writ of habeas corpus is DISMISSED in its entirety.”

Ben-Baruch v. Island Properties
· 2007-02-01
Motion to vacate order (appellant) Denied

“Appellant's motion for vacatur ... is DENIED.”

Motion to extend time (appellant) Denied

“Appellant's motion ... in the alternative for an extension of time to file a designation of the record on appeal, is DENIED.”

Jenkins v. HANAC, Inc.
· 2007-06-20
Summary judgment (defendant) Granted

“Defendants' motion for partial summary judgment is GRANTED.”

Yerushalmi v. Shiboleth
· 2009-05-01
Motion to dismiss appeal (appellee) Granted

“the motion of Appellees is GRANTED.”

T-Mobile Northeast LLC v. Incorporated Village of East Hills
· 2011-03-22
Summary judgment (plaintiff) Granted

“the Report is accepted in its entirety as an order of the Court, and plaintiffs motion for summary judgment is granted.”

Chiari v. New York Racing Association
· 2013-09-16
Summary judgment (defendant) Granted

“Defendants' motions for summary judgment [Docket Entry Nos. 63, 76] are granted”

Summary judgment (defendant) Granted
United States v. Weaver and others
· 2014-01-10
Motion for pretrial relief (defendant) Granted in part

“the Court grants in part and denies in part the defendants' pretrial motions and requests.”

Grodotzke v. Seaford Avenue Corp.
· 2014-04-28
Motions to dismiss (defendant) Granted in part

“moving defendants' motion to dismiss plaintiffs' first, second, fifth and sixth claims is DENIED. Moving defendants' motion to dismiss plaintiffs' eighth claim for injunctive relief is GRANTED.”

Brinn v. Syosset Public Library
· 2014-10-29
Summary judgment (defendant) Granted

“The Library's and Morris Duffy's motions for summary judgment are GRANTED”

Summary judgment (defendant) Granted

Caseload & timing

From public federal docket records for this judge.

The returned early-tenure cases included habeas, insurance, employment, ERISA, contract, banking, and other statutory matters. The randomized ten-case sample is too sparse for a representative distribution.

A historical record

Judge Feuerstein no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.