Erik P. Kimball
How Judge Kimball rules, drawn from 18 signed orders. Every observation links to the order it came from.
How Judge Kimball decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A fully developed trial record can be preferable when intertwined claims turn on witness credibility.
“A motion for summary judgment necessarily presents a limited record, devoid of the nuances of live testimony and without benefit of colloquy with counsel in the context of presentation of the evidence.”
Procedural preferences
An amended claim must arise from conduct identified in the original pleading if it is to relate back after a deadline.
“The Original Complaint gave no notice to the Debtor of the claim asserted in the new, third count.”
Cautions
A minor filing-limit violation is less likely to matter when the opponent identifies no resulting prejudice.
“The overage in this case is de minimis. PAH does not allege that it suffered prejudice as a result of the overage.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion to Dismiss [DE 8] is GRANTED.”
“The Motion is GRANTED;”
“The Motion [DE 31] is GRANTED.”
“ORDERS and ADJUDGES that the Trustee's Objection to Amended Claimed Exemptions (ECF No. 111) is OVERRULED.”
“For the foregoing reasons, it is ORDERED AND ADJUDGED that the Motion [ECF No. 145] is DENIED.”
“Accordingly, it is ORDERED AND ADJUDGED that the Motion [ECF No. 34] is DENIED.”
“The request to strike the affidavits is denied.”
“The Motion to Dismiss [ECF No. 25] is GRANTED IN PART.”
“The Motion [ECF No. 193] is DENIED.”
“The Motion [ECF No. 22] is DENIED.”
“The Plaintiff’s Motion to Strike Defendant’s Notice of Supplemental Filing and Request for Judicial Notice [ECF No. 29] is DENIED as moot.”
“Accordingly, it is ORDERED AND ADJUDGED that the Motion [ECF No. 65] is DENIED.”
“The defendant's request for summary judgment on count 2 of the complaint is GRANTED.”
“The plaintiff's request for summary judgment is GRANTED as to defendant's affirmative defenses 8 (in pari delicto) and 9 (unclean hands),”
“The defendant’s request for summary judgment with regard to its affirmative defense 11 (multiple recovery) is GRANTED IN PART”
“The Motion [ECF No. 139] is GRANTED, as provided herein.”
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