Paul R. Cherry
How Judge Cherry decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In commercial-insurance coverage disputes he separates the contract question from the underlying tort, applies Indiana's 'most intimate contacts' choice-of-law rule to the policy, and applies federal law to federally-mandated endorsements -- holding an MCS-90 endorsement does not reach a non-named-insured trucker.
“all of the factors lead to a conclusion that the law of Illinois governs the insurance contract”
Procedural preferences
He reads the procedural rules by their plain terms even against contrary treatise and advisory-committee commentary: on a motion to compel a party's own deposition transcript he held Rule 26(b)(3)(C) requires production 'on request and without the required showing.'
“the requesting party just needs to ask; he does not need to make any special showing that he needs his prior statement or cannot otherwise obtain it without undue hardship”
Much of his written output comes from cases in which the parties consented under 28 U.S.C. 636(c) to let a magistrate judge enter final judgment, so his summary-judgment, judgment-on-the-pleadings, and bench-trial rulings are final dispositions, not recommendations.
“The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case.”
Cautions
Do not sandbag arguments for the reply: he will not consider new factual or legal argument raised for the first time in a reply brief, and treats a failure to make the argument in the opening brief as a waiver.
“new legal and factual argument, raised for the first time in the reply brief, is not properly before the Court”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court GRANTS Defendant's Motion to Reverse, Enter Judgment and Remand Commissioner's Decision for Further Administrative Proceedings [DE 21] and DENIES as moot the relief requested in Plaintiffs Opening Brief. The Court ORDERS that this matter is REMANDED for a de novo hearing consistent with this Order.”
“the Court GRANTS Plaintiffs' Motion for Judgment on the Pleadings [DE 57]. The Court DECLARES that the Illinois National Policy ... does not provide coverage for Ionut Temian for claims brought against him ... in the underlying lawsuits.”
“the Court hereby GRANTS Defendant Colt International, L.L.C.'s Motion to Stay Litigation and to Compel Arbitration [DE 8] and hereby STAYS the court proceedings solely between Plaintiff and Colt pending the outcome of binding arbitration.”
“the Court grants LEAF'S Motion for Summary Judgment on liability and damages but orders further briefing on the calculation of damages owed to LEAF jointly and severally by Defendants.”
“Plaintiff Dale A. Barton take nothing by his Complaint and judgment is entered in favor of Defendant United States Postal Service.”
“On Mrs. Kimmel's allegations of breach of the duty of good faith and fair dealing, the Court grants summary judgment in favor of Western Reserve, finding that Indiana does not recognize a common law duty to accept or reject an application for life insurance within a specific period of time ...”
“the Court denies in part and denies as moot in part the Motion to Strike.”
“the Court hereby GRANTS the Motion to Proceed Under Pseudonym and for Protective Order [DE 2] and ORDERS that the parties use the pseudonym 'John Doe' for Plaintiff and the pseudonym 'Jane Doe' to refer to the female complainant ...”
“The Court accordingly GRANTS the Motion to Compel Production of Plaintiff's Statement [DE 23] and ORDERS Defendants to give Plaintiff a complete copy of the transcript of his deposition.”
“Plaintiff requests that the January 16, 2009, decision of the Administrative Law Judge to deny him disability insurance benefits be reversed or, alternatively, remanded for further proceedings. For the following reasons, the Court grants the request and remands for further proceedings.”
“For the reasons set forth below, the Court denies the Motion for Sanctions.”
“the Court grants the Motion to Strike and denies the alternative request for leave to file a Sur-Reply.”
“the Court grants the Attorney General's Motion for Summary Judgment and denies Turner's Motion for Summary Judgment.”
Put Judge Cherry's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Cherry actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Cherry's own signed orders and cites them.