Richard W. Vollmer Jr.

United States District Court for the Southern District of Alabama district Retired 2000 · served 1990–2000 Appointed by George H. W. Bush (Republican) 20 signed orders read

Judge Vollmer no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Vollmer decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

He required removing defendants to support jurisdictional amount allegations with evidence rather than assertion.

“Montage has not presented any evidence indicating that the damages in this case satisfy the federal jurisdictional threshold.”

He treated the average prevailing Treasury-bill rate as a fair compensatory measure for maritime prejudgment interest.

“the average of the prevailing Treasury Bill rates over the applicable period more accurately reflects the amount of interest that Anderson could have earned on the sums due to him”

He enforced broad statutory subpoena authority even while expressing reservations about the agency’s policy choice.

“this court does not have authority to control the exercise of discretion by the Secretary of Labor.”

Procedural preferences

He treated remand orders grounded in the removal statute as immediately beyond reconsideration.

“the court is rendered powerless by section 1447(d) to reconsider that order and determine whether its decision to remand was in fact correct.”

He enforced discovery deadlines when a late witness disclosure would defeat the purpose of the rules.

“completely eviscerates the purpose of discovery and the letter and spirit of the Federal Rules of Civil Procedure.”

Cautions

A defendant could not establish class-action jurisdiction by aggregating individualized claims or by relying on the overall cost of relief.

“Avis has not shown that any class member’s claim — let alone every class member’s claim — is worth more than $75,000.”

A local government could not pursue statutory tax claims where the obligations and tax proceeds belonged to the state.

“it is only the State of Alabama to whom the producers owe severance taxes”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Slay v. Living Centers East, Inc.
· 2000-06-23
Notice of voluntary dismissal (Burnadene Slay) Moot / procedural

“Accordingly, this case was properly DISMISSED WITH PREJUDICE upon the filing of Slay’s notice of dismissal.”

Holman v. Montage Group
· 1999-11-08
Motions to remand (Amy Holman) Granted

“The court therefore GRANTS Holman’s motion to remand.”

Tipp v. AmSouth Bank
· 2000-03-30
Motion for reconsideration (AmSouth Bank) Moot / procedural

“Thus, the court lacks jurisdiction under 28 U.S.C. § 1447(d) to reconsider that remand.”

Williamson v. International Paper Co.
· 1999-10-14
Motion for judgment as a matter of law (International Paper Company) Granted

“the court concludes that defendant is entitled to judgment as a matter of law as to plaintiffs claim that he was subjected to a hostile work environment harassment because his employer perceived him as disabled.”

Falgout Brothers, Inc. v. S/V Pangaea
· 1997-05-06
Default judgment (Falgout Brothers, Inc.) Denied

“After examining the law of salvage and finds, the court declined to grant the motion.”

Anderson v. McAllister Towing & Transportation Co.
· 2000-03-17
Motion for prejudgment interest (Neville G. Anderson) Granted in part

“For the foregoing reasons, the court GRANTS Anderson’s motion to the extent that it seeks an award of pre-judgment interest on the $62,513.16 previously awarded to him by this court.”

Kline v. Avis Rent a Car System, Inc.
· 1999-09-21
Motions to remand (Susan Elizabeth Hunter Kline) Granted

“Accordingly, the court GRANTS Kline’s motion to remand.”

Anderson v. Board of School Commissioners of Mobile County
· 1999-09-24
Motion for leave to amend (Plaintiffs and plaintiff-intervenors) Denied

“Plaintiffs’ motions for leave to amend their complaints to add claims under Title VII and 42 U.S.C. § 1983 are DENIED.”

Motions to dismiss (Board of School Commissioners of Mobile County and superintendent) Granted

“Defendants’ motion to dismiss plaintiffs’ § 1981 claims is GRANTED. These claims are DISMISSED WITH PREJUDICE.”

Summary judgment (Board of School Commissioners of Mobile County and superintendent) Denied

“Defendants’ motion for summary judgment is DENIED.”

Loyd v. Ram Industries, Inc.
· 1999-08-27
Summary judgment (Ram Industries, Inc.) Granted

“Accordingly, defendant’s motion for summary judgment is GRANTED and Plaintiffs motion for summary judgment is DENIED.”

Summary judgment (Steve Loyd) Denied
Nicholson v. National Accounts, Inc.
· 1999-12-15
Motions to remand (Gloria J. Nicholson) Granted

“The court therefore GRANTS Nicholson’s motion to remand.”

United States ex rel. Public Integrity v. Therapeutic Technology Inc.
· 1995-08-07
Motion for leave to file corrected oppositions (Therapeutic Technology Inc. and Charles W. Moody) Granted

“The third-party plaintiffs ‘motion for leave to file corrected oppositions’ (tab 56) is hereby GRANTED.”

Motion to dismiss third party claims (United States) Granted

“the ‘plaintiffs motion to dismiss, or in the alternative, for separate trials of defendants’ third party claims’ (tab 51) and the ‘motion of HNE Healthcare, Inc. to strike or, in the alternative, to dismiss the third-party complaint’ (tabs 49, 50) are hereby GRANTED to the extent that they seek dismissal of the third-party claims.”

Motion to strike or dismiss third party complaint (HNE Healthcare, Inc.) Granted
Motion for separate trial and stay (HNE Healthcare, Inc.) Moot / procedural

“the ‘motion of HNE Healthcare, Inc. for a separate trial and a stay of discovery’ (tabs 47, 48) is hereby deemed MOOT.”

Motions to dismiss (Therapeutic Technology Inc. and Charles W. Moody) Denied

“defendants’ motion (tab 55) is DENIED to the extent that it moves the Court to dismiss the complaint.”

Motion for leave to amend (United States) Granted

“the government’s ‘motion for order allowing the filing and serving of an amended complaint’ (tab 57) is GRANTED, and the Court hereby ALLOWS the filing and serving of an amended complaint.”

Williams v. Dairy Fresh Ice Cream, Inc.
· 1997-10-10
Motion to strike declaration (Dairy Fresh Ice Cream, Inc.) Granted

“ORDERED that the motion to strike the declaration of Barry Dean Williams, (doc. 47), is GRANTED.”

Motion to correct summary judgment response (Johnnie Williams) Moot / procedural

“In light of this ruling, it is FURTHER ORDERED that the ‘Motion to Correct Response to Defendant’s Proposed Fact,’ (doc. 52), is MOOT.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 959 days (N = 20).

The 20 located assigned cases were all later terminated and included prisoner civil-rights, habeas, personal-injury, employment, contract, and property matters. This archival slice does not establish the distribution of Vollmer’s full caseload.

A historical record

Judge Vollmer 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.