Gilberto Gierbolini-Ortiz
Judge Gierbolini-Ortiz no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gierbolini-Ortiz decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He gave substantial deference to labor arbitrators when their awards drew from the agreement and industrial practice.
“Even if we were in disagreement with the interpretation given by the arbitrator, that would not be enough to set aside the arbitration award unless it is arbitrary, unreasonable, incomplete, improper or capricious.”
He granted relief from judgment when rigidly enforcing a procedural default would have produced an unjust dismissal of a substantial arbitration dispute.
“In view of the foregoing reasons, petitioners’ motion for relief under Rule 60(b)(6) is hereby GRANTED.”
Procedural preferences
He required employees to use bargained grievance and arbitration procedures before bringing labor claims to court.
“plaintiffs have failed to exhaust the contractual remedies available to them before filing this action.”
He enforced contemporaneous-objection rules and would not revisit trial issues absent manifest injustice.
“The defense bar in the Puerto Rico federal courts, as elsewhere, should be on notice that they must make timely objections to matters that are properly raisable during the trial.”
He resolved cross-motions in arbitration cases by separating permissible clarification from an impermissible change in the award's substance.
“the arbitrator’s award and the ‘List of Errata’ are hereby AFFIRMED.”
Cautions
He warned that frivolous bankruptcy arguments could lead to sanctions if repeated.
“But beware: next time we may not be so lenient.”
He treated deliberate concealment of material medical history as fraud on the court warranting dismissal with prejudice.
“We consider that the worst abuse of the judicial process a litigant can incur in is fraud on the court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“WHEREFORE, for the reasons herein stated, co-defendants Miranda, González and Universal’s motion to dismiss for lack of subject matter jurisdiction is DENIED.”
“In view of the foregoing reasons the cause of action asserted on behalf of plaintiff Roberto Diaz Mojica are hereby DISMISSED WITHOUT PREJUDICE until it can be refiled in accordance with the provisions of 11 L.P.R.A. § 32.”
“Defendants’ motion requesting an order is hereby DENIED.”
“For the foregoing reasons, defendant Nieves Rivera’s suspended sentence is hereby VACATED and SET ASIDE.”
“Plaintiff’s motion to compel is hereby DENIED.”
“Because the plain meaning of the statute is not ambiguous in our minds, and because the legislative history relied by the Bankruptcy Court may have been too narrowly examined, we therefore follow the option taken by the District Court of Utah, and hereby remand this case for clarification of the bases of the February 13, 1990 order.”
“Wherefore, the bankruptcy court’s order is affirmed and therefore, this appeal is dismissed.”
“Wherefore, in view of the above, we hereby deny appellant’s motion regarding the amended disclosure statement. We also deny appellant’s request regarding the bankruptcy judge’s decision rejecting the statement and appointing an examiner.”
“We adopt the recommendations of the magistrate in their entirety, and dismiss this action for the reasons stated above.”
“Thus, plaintiffs motion for summary judgment is DENIED and defendant’s cross motion is GRANTED.”
“Wherefore, after considering all the factors mentioned above, petitioners’ request for a temporary restraining order is hereby DENIED.”
“Accordingly, the petition is hereby granted and counsel is hereby awarded fees in the total amount of $600.00.”
Caseload & timing
From public federal docket records for this judge.
The 20 located assigned cases were all terminated and spanned Social Security disability review, personal-injury and malpractice, contract, civil-rights, maritime, environmental, property-damage, and banking matters. Their median filing-to-termination duration was 1,598 days; this historical group is not a career-wide caseload measure.
A historical record
Judge Gierbolini-Ortiz 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.