Byron G. Cudmore
Judge Cudmore no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Cudmore decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On expert admissibility he is a demanding Rule 702 gatekeeper: a medical degree and long clinical experience do not by themselves qualify a witness on a specialized question, and an opinion offered only as a list of 'possibilities' rather than a conclusion reached by differential diagnosis is unreliable.
“In sum, the 'analytical gap between' Dr. Weinstein's conclusion that Defendants failed to follow the standard of care and his conclusion that those failures caused Ms. Taylor's death is too great.”
Procedural preferences
In ERISA benefits review he focuses first on the adequacy of the administrator's stated reasoning: even under deferential arbitrary-and-capricious review a denial letter that does not engage the determinative issue or cite the governing policy provision fails, and the standard remedy is a remand to the administrator rather than an award of benefits.
“Even the arbitrary and capricious standard requires the exercise of discretion, which means a meaningful consideration of the relevant facts and applicable policy provisions.”
Cautions
He enforces disclosure and discovery deadlines strictly: affidavits from witnesses never disclosed, or that merely restate conclusions without foundation, are stricken at summary judgment, and he declines to reopen long-closed discovery to cure such gaps.
“The summary judgment stage is not the time to spring new witnesses on the opposing party, and summary judgment is not a vehicle to reopen discovery.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED that Defendants' Motion to Bar Opinions of Corey Weinstein, M.D., Pertaining to Cause of Death is granted (d/e 121).”
“THEREFORE, Defendant Dish Network L.L.C.'s Motion to Strike Jury Demand (d/e 54) is DENIED. Plaintiff United States of America is entitled to a jury trial on the issue of liability on its claim for civil penalties under FTC Act 5(m)(l)(A).”
“Concert's motion for summary judgment is denied (d/e 57).”
“St. Francis' motion for summary judgment is allowed (d/e 85), in that Concert's decision to deny payment of benefits at in-network rates is reversed based upon this record, and this case is remanded to Concert for further proceedings consistent with this opinion.”
“WHEREFORE Plaintiffs' Motion to Enforce the Court's January 11, 2011 and June 12, 2012 Discovery Orders (d/e 167) (Motion) is ALLOWED in part and DENIED in part.”
“REPORT AND RECOMMENDATION by Magistrate Judge Byron Cudmore RECOMMENDING that Defendants' Motions to Dismiss 13 16 19 be ALLOWED in part and DENIED in part. ... ORDER granting in part and denying in part [the three] Motion[s] to Dismiss. The Court adopts the Report and Recommendation of the Magistrate Judge in its entirety. Plf's are given leave to file their proposed Amended Complaint.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 562 days (N = 9).
The reviewed civil matters include employment and labor claims, consumer-protection suits, prisoner civil-rights cases, a railroad-injury action, and civil forfeiture. The nine case durations form a small descriptive sample rather than a court-wide median.
A historical record
Judge Cudmore 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.