Slowpoke: This Federal Judge Leads the Nation in Motions Pending More Than Six Months
"I know the numbers aren't where Judge Brown wants them," said Jim Hatten, the chief clerk of the U.S. District Court for the Northern District of Georgia.
November 21, 2019 at 01:59 PM
4 minute read
The original version of this story was published on Law.com
Judge Michael Brown is wrestling with deadlines from a federal law pushing judges to decide motions in civil cases within six months, and it's a problem he partly inherited.
Saddled with dozens of filings from before he joined the bench in January 2018, the U.S. District judge in the Northern District of Georgia had 177 undecided motions that had been pending more than six months, leading the federal judiciary's latest semiannual listing required by the Civil Justice Reform Act of 1990.
Sixty-two of those motions, or more than one-third of them, were filed before Brown started work on Jan. 17, 2018, after he was confirmed by a 92-0 vote of the U.S. Senate.
Brown did not respond to email and phone requests. The federal judicial listing cites "Voluminous Briefs/Transcripts To Be Read," "Complexity of Case" and heavy caseloads as reasons he cited for the delays.
"I know the numbers aren't where Judge Brown wants them," said Jim Hatten, chief clerk of the U.S. District Court for the Northern District of Georgia.
"He's not losing ground," added Hatten, noting that Brown has about 350 civil cases pending from among the roughly 1,000 he has been assigned since arriving.
Hatten noted that each new judge receives a civil caseload of about 300 cases pulled at random from other judges' dockets. "There's a learning curve" for new judges, he added, which varies depending on each judge's past experience.
Some federal judges come from the other bench posts, so they may be more familiar with a range of cases and the mechanics of case management. Brown served as a federal prosecutor and then as co-leader of Alston & Bird's government and internal investigations practice before becoming a judge, so he likely spent far more time on criminal law than civil matters.
Chief Judge Thomas Thrash declined to comment on the listings.
The numbers from the Administrative Office of the U.S. Courts reflect civil caseloads as of March 31; they were released to the public on Oct. 27.
The federal listing for September 2018—released the following March—said Brown had 145 motions that were beyond the six-month mark. Hatten predicted Brown's numbers may not improve until after the next release, which will cover caseloads at the end of September.
"It takes judges some time" before reaching peak efficiency, he said. "Their initial focus is to make the right decision."
Five other federal judges—one from California, two from New York, one from Texas and one from the U.S. Virgin Islands—were listed as having more than 100 motions pending for more than six months. Their totals ranged from 115 to 156.
Eleven judges around the country had 50 or more motions pending more than six months.
A training manual for federal judges suggests these tactics to manage caseloads:
- Monitoring cases in which issues have not yet been joined to ensure that deadlines for service and answer are met, and beginning judicial action to dispose of cases if those deadlines are missed.
- Waiting a short time after issues are joined (perhaps a month) to see if a case will terminate; if not, resuming active judicial case management.
- Setting a firm trial date as part of the early case-management approach and adhering to that date as much as possible.
- Setting a reasonably short discovery period tailored to the individual case. For nearly all general civil cases, this policy should encourage judicial case management no later than six months after filing.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLitigators of the Week: A Knockout Blow to Latest FCC Net Neutrality Rules After ‘Loper Bright’
Litigators of the Week: After a 74-Day Trial, Shook Fends Off Claims From Artist’s Heirs Against UMB Bank
Trending Stories
- 1SurePoint Acquires Legal Practice Management Company ZenCase
- 2Day Pitney Announces Partner Elevations
- 3The New Rules of AI: Part 2—Designing and Implementing Governance Programs
- 4Plaintiffs Attorneys Awarded $113K on $1 Judgment in Noise Ordinance Dispute
- 5As Litigation Finance Industry Matures, Links With Insurance Tighten
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250