Harry Jacob Lemley
Judge Lemley no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Lemley decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A generalized assertion of need did not establish good cause for obtaining an opponent’s witness statements in discovery.
“I do not feel that the bare allegation of necessity contained in the motion and the general statements contained in the supporting affidavit are sufficient to make out a showing of good cause”
He entered summary judgment when the opposing party’s own admissions established the controlling statutory fact despite a contrary legal conclusion in an affidavit.
“the case presents no genuine factual issues, and that the plaintiff is entitled to judgment as a matter of law.”
Procedural preferences
He emphasized that federal jurisdiction must affirmatively appear in the record and cannot rest on waiver or omission.
“Jurisdiction must appear affirmatively from the record.”
He treated compulsory counterclaims as part of declaratory-judgment procedure rather than allowing an insurer’s filing choice to eliminate statutory remedies.
“It is not felt that such procedure can be so used.”
Where state remedies were adequate and local rate regulation predominated, he dismissed without prejudice under principles of comity.
“they do have an adequate judicial remedy in the courts of that State in the form of a plenary injunction suit such as they have brought here.”
Cautions
He warned that summary judgment should be used cautiously where local law or facts remained genuinely uncertain.
“trial judges should exercise great care in granting motions for summary judgment.”
He regarded injunction as an extraordinary remedy unavailable in federal equity merely to protect political rights.
“Injunction is always an extra ordinary remedy.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the plaintiff’s objections to Paragraph 1 of the motion will be sustained.”
“Hence, plaintiff’s objections to Paragraph 2 will likewise be sustained.”
“For these reasons the objections to Paragraph 3 will also be sustained.”
“The request contained in Paragraph 4, for an opportunity to examine any photographs which the plaintiff may have in its possession and which it intends to introduce in evidence, appears to be reasonable and *385will be granted.”
“An order overruling plaintiff’s motion is today being entered.”
“Let an order be entered denying the motion.”
“Let summary judgment be entered for the defendant, dismissing plaintiff’s complaint.”
“upon motion of the United States Attorney, the case was dismissed.”
“the case presents no genuine factual issues, and that the plaintiff is entitled to judgment as a matter of law.”
“Let an order overruling the motion be entered.”
“Hence, the Government’s motion must be sustained.”
“A summary judgment in accordance with the foregoing is today being entered, which will have the effect of establishing the priorities of the several claims to the moneys in court and the right of the plaintiff to a deficiency judgment; it will also have the effect of quieting the title of Kelly Motors to the property which it purchased at the distraint sale, as against all claims of the plaintiff, and of remanding to the State Court the counterclaim of Kelly Motors against the plaintiff.”
“Let an order be entered sustaining the plaintiff’s motion”
“the defendants are entitled to have the title to the area in controversy quieted in them according to their respective interests therein.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions span civil procedure, insurance, property, taxation, labor, civil rights, removal, contempt, and federal regulatory enforcement. This dispositive-weighted publication sample cannot support a career-wide caseload estimate.
A historical record
Judge Lemley 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.