Noah G. Hillen
How Judge Hillen rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Hillen decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Issue preclusion does not establish nondischargeability when the earlier findings leave a required intent element unresolved.
“certain aspects of Defendant’s conduct and leave the essential element of intent unresolved”
Procedural preferences
New arguments raised for the first time in a reply are not considered.
“new arguments cannot be raised for the first time on reply”
Cautions
Professional-fee requests may be reduced when the hours and rates are not supported by the circumstances of the case.
“the hours and rates sought are not supported by the circumstances of this case”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court will sustain Debtor’s objections to the Cattlemen’s claims”
“the Court finds that Mr. Tuell is unavailable within the meaning of Civil Rule 32 and, in the exercise of its discretion, admits Mr. Tuell’s deposition testimony”
“the Court will deny Debtor’s Motion for Order to Show Cause”
“the Court will deny Plaintiffs’ Motion and enter a separate order”
“the Court has carefully reviewed Geile’s time entries and will reduce the requested fee award by $6,688.00”
“Special Counsel is allowed fees of $366,000 and reimbursement of $7,598.79 in expenses”
“The Court will deny Debtor’s objections.”
“the Court recommends the District Court deny the Motion”
“the Court will dismiss the complaint”
“the Court will reduce the hourly fees to more closely align the fee award with what is reasonable”
“the Court will deny the Motion with respect to Blackhawk Manager and will grant the Motion with respect to Blackhawk Gold and Blackhawk on the River with leave to amend”
“the Court will grant BMT’s partial motion for summary judgment with respect to Claim 1 and will deny it with respect to Claims 2 and 3”
“The Court will grant the Amended Motion to Extend regarding Michiko’s deadline to file her Amended Pre-Trial Brief.”
“The Court will deny the Motion to Amend because such amendment would result in undue prejudice and surprise to Defendants.”
“the Court will deny Michiko’s motion for reconsideration”
“Tamio is liable to Michiko for violating the Utah Uniform Securities Act, Utah Code §§ 61-1-1 to 61-1-206, by selling unregistered securities, and that this debt is nondischargeable under § 523(a)(19).”
“Anna is not liable.”
“the Court would decline awarding treble damages in the exercise of its discretion”
“the Court will grant Kalamata’s motion to dismiss Count I to the extent it seeks to assert New York’s usury statute as a sword, but it will grant Trustee leave to amend Count I to clarify the relief sought.”
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