Hon. Mark W. Pedersen

2019 – present 

Federal Judicial Service: 

  • Magistrate Judge, U.S. District Court, Western District of New York.  Entered duty on November 6, 2019. 

Education: 

  •  SUNY Buffalo Law, J.D., 1982 
  •  Syracuse University, B.A., 1979 

Professional Career: 

  • Career Confidential Law Clerk to Hon. Charles J. Siragusa, United States District Court, Western District of New York, 1997-2019 
  • Judge, NavyMarine Corps Court of Criminal Appeals, 2008-2011 
  • U.S. Navy Judge Advocate General’s Corps, 1982-2013 
  • Judge Pedersen was on active duty from 19841986 aboard the aircraft carrier U.S.S. NIMITZ (CVN 68) 
  • Assistant District Attorney, Monroe County, Rochester, New York, 1986-1997 

 

Noteworthy Cases: 

Kimble v. Opteon Appraisal, No. 6:23-CV-06399:  

This case presented a relatively novel issue for the Western District.  Courts are split about whether a recent Supreme Court decision prevents outofstate plaintiffs from joining a mass action against their employer under the federal Fair Labor Standards Act.  The issue before Judge Pedersen was whether these outofstate plaintiffs were adequately connected to the state in which the case was brought.  Judge Pedersen held that the Western District could not hear the claims of the outofstate plaintiffs.  His decision is cited at § 6:30. Personal jurisdiction over defendants in plaintiff class actions – General principles of personal jurisdiction, 2 Newberg and Rubenstein on Class Actions § 6:30 n.60 (6th ed.) 

Kimble v. Opteon Appraisal, 2024 WL 208000 (W.D.N.Y. 2024)
https://casetext.com/case/kimble-v-opteon-appraisal-inc 

 

 

United States v. Arena, No. 6:21-MJ-00671:  

In a criminal case involving a defendant who made threats against a member of Congress, the government asked for something unique: forced medication of the defendant.  Courts have the authority to medicate criminal defendants to restore them to competency to stand trial.  But the law places careful limits on the Court’s ability to force medication on an unwilling defendant.  In a report and recommendation, Judge Pedersen determined that forced medication was inappropriate and found that the government failed to show that the drugs would restore defendant to competency and that those drugs could cause defendant harm because of dangerous side effects. 

United States v. Arena, 2023 WL 3734291 (W.D.N.Y. 2023) 

 

 

 United States v. Mattice, No. 6:21-MJ-00682: 

Judge Pedersen presided over the pretrial detention hearing of one of the January 6 Capitol rioters, hearing from prosecutors why defendant should be detained pending trial.  While Judge Pedersen found the charges and evidence against defendant heavily favored pretrial detention, he determined that release was appropriate based on defendant’s lack of any criminal history and strong family ties to the area.