Cyrus Nils Tavares
Judge Tavares no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Tavares decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Tavares favored resolving closely connected claims together when doing so avoided a limitations technicality.
“Simple justice dictates that if the plaintiffs are given an opportunity to present a claim for relief based upon a particular automobile collision, the defendant should not be prevented from doing so by a mere technicality.”
He upheld administrative action when the record supplied reasonable, legally supportable grounds.
“there was an ample hearing and an unequivocal ruling was made denying such discretionary relief based upon reasonable and legally supportable grounds.”
Procedural preferences
Fact disputes concerning status, notice, and surrounding circumstances defeated summary judgment.
“Because here there are several genuine issues as to material facts, the motion for summary judgment must be, and hereby is, denied.”
He looked to the substance of counsel’s work rather than the procedural label used to obtain relief.
“this Court will look to the substance of what was accomplished for the defendant here, and disregarding the form in which it was done, allow compensation pursuant to the Act.”
Cautions
A discovery request could fail when it effectively demanded a detailed advance review of the opponent’s evidence.
“Defendant’s Motion for a Bill of Particulars does, in effect, require the government to provide the defendant with a detailed review of its evidence before trial.”
Attorney-client privilege remained intact when earlier testimony was limited to a suppression proceeding.
“testimony given by a client at a hearing, whereby the client defendant by motion seeks the return of property taken from him by an alleged illegal search and seizure, is given for the purpose of such motion, alone, and does not constitute a general waiver of privilege by the client defend-ant”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The objections to said interrogatories are overruled.”
“The petition of Chong Jah Alix for naturalization is hereby denied.”
“Therefore, this Court will look to the substance of what was accomplished for the defendant here, and disregarding the form in which it was done, allow compensation pursuant to the Act.”
“Petitioner requests permission to proceed in forma pauperis, which request is granted”
“he requests that counsel be appointed for him, which request is denied.”
“Because the contention on which it is based is without merit, the petition is hereby denied.”
“Therefore, the petition for a Writ of Habeas Corpus is hereby denied.”
“Because here there are several genuine issues as to material facts, the motion for summary judgment must be, and hereby is, denied.”
“Since the Complaint was not timely filed, this Court lacks jurisdiction, and the Motion to Dismiss is hereby granted.”
“Defendant’s Motion for Discovery and Inspection of the items described in paragraphs 2 and 3 above is hereby granted.”
“Accordingly the defendant’s Motion for a Bill of Particulars is hereby denied.”
“Therefore, it is ordered that the Complaint be, and the same is, hereby dismissed.”
“Since the plaintiff’s claim of a right or privilege as a National of the United States, and the denial thereof, took place, and was finally adjudicated prior to the enactment of the 1940 Act, his Complaint based upon the 1940 Act must be, and hereby is, dismissed.”
“Therefore plaintiff’s complaint here is premature, and the defendant’s Motion for Summary Judgment is hereby granted and the complaint is hereby dismissed.”
“Accordingly petitioner’s Motion for a New Trial is hereby denied.”
Caseload & timing
From public federal docket records for this judge.
The publication-selected decisions do not establish the distribution of Tavares’s full caseload.
A historical record
Judge Tavares 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.