Norman A. Mordue
Judge Mordue no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Mordue decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
At the motion-to-dismiss stage applies liberal Twombly/Iqbal plausibility and declines to 'set the bar too high'; fact-intensive defenses (e.g. what a decision-maker knew, causation) are reserved for summary judgment rather than resolved on the pleadings (Rella v. NYS OMH).
“Defendant's argument is better suited for summary judgment since it would be difficult at this stage for Plaintiff to say what Ms. Olivadese knew, or when.”
On summary judgment in employment-discrimination cases he applies McDonnell Douglas rigorously and requires competent, non-conclusory evidence of pretext -- a plaintiff's own belief or merely undercutting the employer's explanation does not defeat the motion (Vance v. ACCO Brands).
“[M]erely disproving the defendant's legitimate explanation is insufficient; the plaintiff must produce competent evidence that 'the employer's decision was motivated, at least in part, by an intent to retaliate against him.'”
Reads pro se papers liberally to raise their strongest arguments, but will still dismiss claims foreclosed as a matter of law (e.g. no individual liability under Title VII) (Burke v. New Venture Gear).
“Courts read pro se papers liberally, interpreting them 'to raise the strongest arguments that they suggest.'”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that the motion by defendant Jesse H. Hall to dismiss all claims against him pursuant to Fed. R. Civ. P. 12(b)(6) is granted.”
“ORDERED that defendants' motion for summary judgment dismissing plaintiffs' claim for unlawful or illegal entry is GRANTED; and it is further ORDERED, that defendants' motion for summary judgment dismissing the infant plaintiff's claims for failure to file a notice of claim is GRANTED without prejudice”
“ORDERED, that plaintiffs' cross-motion for leave to file a later notice of claim is DENIED.”
“ORDERED that the motion (Dkt. No. 31) is denied with prejudice insofar as it seeks reconsideration, and denied without prejudice insofar as it seeks summary judgment”
“the Court denies the Government's summary judgment motion without prejudice. The Government may, if it so desires, make a summary judgment motion limited to the exhaustion question prior to the completion of discovery.”
“ORDERED that defendant's motion (Dkt. No. 55) for summary judgment dismissing the action is granted; and it is further ... ORDERED that the action is dismissed with prejudice.”
“ORDERED that Defendant's motion to dismiss (Dkt. No. 7) is DENIED”
Caseload & timing
From public federal docket records for this judge.
Mordue's late-tenure docket sample (he went senior in 2013 and died in 2022) is dominated by numerous 2022 copyright actions brought by Strike 3 Holdings, LLC, generally resolved within two to four months, and administrative miscellaneous matters involving receiverships, subpoena or summons enforcement, and judgment registration, most resolved the same day or within days. Substantive merits matters, including land-condemnation, employment, and Section 1983 cases, were a minority of the sample. Observed nature-of-suit categories included copyright and Natural Gas Act land condemnation. Referred magistrate judges included Andrew T. Baxter, David Peebles, Daniel J. Stewart, and George H. Lowe.
A historical record
Judge Mordue 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.