Pedro A. Delgado-Hernández
How Judge Delgado-Hernández decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a motion to dismiss, tests only whether the complaint states a plausible claim, taking well-pleaded facts as true and setting aside conclusory allegations rather than weighing the merits.
“To survive a motion to dismiss, a complaint must allege a plausible entitlement to relief.”
In employment-discrimination cases, will not second-guess an employer's legitimate, non-discriminatory reason absent evidence of pretext, stressing that courts are not to act as super personnel departments.
“courts may not sit as super personnel departments,”
Once the anchoring federal claims are dismissed, declines to retain non-diverse state-law claims and dismisses them without prejudice for the Commonwealth courts.
“Because the federal constitutional claims will be dismissed, the remaining state claims must be dismissed, without prejudice.”
Procedural preferences
Confines the analysis to the claims actually pleaded in the complaint, declining to consider a new theory raised for the first time in an opposition brief.
“the court will limit its analysis to the claims included in the complaint.”
Declines to apply merits-stage affirmative defenses (such as the Mt. Healthy burden-shifting defense) when only testing the sufficiency of a complaint on a motion to dismiss.
“Courts in this district have previously found this defense to be inapplicable when evaluating the sufficiency of pleadings.”
Cautions
Reads self-represented litigants' pleadings liberally but holds them to the same procedural and substantive rules as represented parties.
“a litigant’s exercise of his right to self-representation does not exempt him from complying with the relevant rules of procedural and substantive law.”
Strictly enforces administrative-exhaustion prerequisites, treating them as a condition on the waiver of sovereign immunity that must be strictly construed.
“a condition to the waiver of sovereign immunity”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“On that basis, the motion to suppress as supplemented must be DENIED.”
“With that in mind, the motion to dismiss is DENIED.”
“PCH’s motion is granted to the extent it seeks dismissal of the inherited claims, and denied insofar as it seeks dismissal with prejudice.”
“In light of the standard applicable to motions to dismiss under Fed.R.Civ.P. 12(b)(6), defendants’ motion at Docket No. 30 is DENIED.”
“AIG’s motion for summary judgment (Docket Nos. 178 and 179) is GRANTED, and the claims against it DISMISSED.”
“In light of the above, defendants’ motions at Docket Nos. 15 and 24 are GRANTED and the case DISMISSED WITH PREJUDICE.”
“In view of the foregoing, plaintiffs’ motion for a preliminary injunction at Docket No. 39 is DENIED.”
“the FDIC’s ‘Motion to Dismiss Plaintiffs’ Complaint with Prejudice’ (Docket No. 21, joined by Banco Popular at Docket No. 22) is GRANTED IN PART. To the extent the motion seeks dismissal with prejudice, the motion is DENIED.”
“plaintiffs’ ‘Motion to Oppose Removal, Requesting Remand and Imposition of Sanctions’ (Docket No. 8) is DENIED, as is ‘Defendants’ Motion Requesting Sanctions’ (Docket No. 19).”
“defendants’ request for summary judgment is GRANTED”
“the request for attorney’s fees is DENIED.”
“defendants ‘Motion to Dismiss Under Federal Rule 12(b)(1) and 12(b)(6) of Civil Procedure’ (Docket No. 12) is GRANTED. Plaintiffs’ federal due process claims are DISMISSED, with state claims being DISMISSED WITHOUT PREJUDICE.”
“In view of the foregoing, plaintiffs’ motion to compel is DENIED.”
“For the reasons explained below, defendant’s motion is DENIED.”
Caseload & timing
From public federal docket records for this judge.
An active district judge with a large mixed civil and criminal docket. Recent civil filings assigned to him span diversity foreclosure and contract actions, civil-rights and Section 1983 suits, state and general habeas petitions, employment-discrimination and ADA claims, and Social Security appeals, alongside a steady criminal docket. The 2019 filing cohort was dominated by mortgage-foreclosure diversity cases.
Put Judge Delgado-Hernández's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Delgado-Hernández actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Delgado-Hernández's own signed orders and cites them.