David J. Waxse
How Judge Waxse rules, drawn from 3 signed orders. Every observation links to the order it came from.
Judge Waxse no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Waxse
David J. Waxse served as a United States Magistrate Judge for the District of Kansas beginning in 1999 and was reappointed in 2007. Before joining the bench, he practiced at Shook, Hardy & Bacon and served as president of the Kansas Bar Association. He earned degrees from the University of Kansas and Columbia Law School.
How Judge Waxse decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In United States v. Holliday, Waxse denied a defendant's late request to join a suppression motion after weighing the excusable-neglect factors. Trial was nine weeks away, the proposed motion raised distinct wiretap issues, and the defendant's change of view about its prospects was within his control, although Waxse found no bad faith.
“Considering all the factors in total, the Court finds that defendant Holliday has not shown excusable neglect”
In United States v. Williamson, Waxse recommended suppressing statements elicited during an unwarned custodial conversation. The district judge reviewed the recordings, agreed that the exchange amounted to interrogation, and adopted the recommendation.
“I agree that the recorded conversations demonstrate that defendant was subjected, while in custody, to a deft and subtle, but nevertheless deliberate and clear unwarned police interrogation designed to avoid the officer's Miranda obligations while eliciting inculpatory statements from the defendant for use in the pending prosecution.”
Cautions
In Nationwide Mutual Insurance Co. v. Briggs, Waxse denied without prejudice a protective-order motion concerning a deposition because the movant did not document a meaningful effort to confer. He allowed a renewed motion after the parties tried to resolve the dispute.
“Therefore, the Court will deny without prejudice the Plaintiff’s Motion for Protective Order on grounds of failure to confer.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS THEREFORE ORDERED plaintiff's Motion for Turnover of Funds (Doc. 45) is granted. Defendants shall deliver to plaintiff all net proceeds of the sale of Wolf Creek Marketplace inventory, which the record before the Court indicates is in an amount exceeding $80,000, within seven days of the entry of this Order”
“Both the government and defendant object in part to the Magistrate Judge's Report and Recommendation with respect to disposition of defendant's motions to suppress (docket entries 55 and 56)... I hereby approve and adopt the thoughtful and thorough Report and Recommendation (docket entry 53) for the reasons given therein by Magistrate Judge Waxse. The objections raised are overruled. Specifically, with respect to suppression of the statements made by defendant while being transported to the federal courthouse... I agree that the recorded conversations demonstrate that defendant was subjected, while in custody, to a deft and subtle, but nevertheless deliberate and clear unwarned police interrogation designed to avoid the officer's Miranda obligations”
“IT IS THEREFORE ORDERED that defendant Holliday's Request for Leave to Join Pretrial Motion (ECF No. 423) is DENIED”
“the Government's Motion to Strike for Failure to Comply with Scheduling Order (ECF No. 438) is GRANTED”
District Judge Julie A. Robinson's order recounts that Waxse's R&R, filed August 5, 2013, recommended sua sponte dismissal of this pro se in forma pauperis action naming President Obama, members of Congress, and several courts. Waxse found no subject-matter jurisdiction under Rule 12(h)(3), failure to state a claim under 28 U.S.C. 1915(e)(2)(B)(ii), and claims for monetary relief against immune defendants under subsection (iii). The court overruled the plaintiff's objection and adopted the R&R on March 6, 2014. The order also imposed a courthouse-access restriction after repeated abusive conduct at the clerk's office and was signed by Judge Robinson.
“IT IS FURTHER ORDERED that plaintiff's Motion to Appoint Counsel (Doc. 3) is denied without prejudice.”
Notice and Order to Show Cause and Requiring Martinez Report, signed by recalled Magistrate Judge Waxse in a pro se prisoner civil-rights case over a disciplinary hearing and prison conditions. Screening the complaint under 28 U.S.C. 1915A and 1915(e), the court ordered the plaintiff to show cause why four of his five counts should not be dismissed for failure to state a claim, and ordered prison officials to prepare a Martinez report on the remaining count before further screening. The order did not resolve a party motion.
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 447 days (N = 17).
Median motion-to-ruling time: 103 days (N = 17).
- Waxse's sampled consent cases from 2003 through 2012 span employee benefits and labor, civil rights and employment, contracts, insurance, personal injury and product liability, and telecommunications.
- The sample also includes Cox v. Denning, a pro se prisoner civil-rights case in which Waxse handled nondispositive matters by referral. The duration figures cover 17 terminated consent cases and exclude Cox because it was not a consent matter.
A historical record
Judge Waxse no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.