Donald W. Bostwick
How Judge Bostwick rules, drawn from 3 signed orders. Every observation links to the order it came from.
Judge Bostwick no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Bostwick
Donald W. Bostwick served as a United States Magistrate Judge for the District of Kansas from 1999 until his retirement in 2010. He later heard selected cases on recall. Before joining the bench, he practiced law in Wichita and earned his undergraduate degree from the University of Kansas.
How Judge Bostwick decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Murray v. Edwards County Sheriff's Department, Bostwick denied a plaintiff's motion to quash subpoenas for medical, dental, and mental health records. The plaintiff sought damages for injuries involving those conditions, so the requested history was relevant; Bostwick also found no physician-patient privilege under Kansas law for a condition placed in issue by the claim.
“Therefore, Defendants have a legitimate and reasonable interest in discovering Plaintiff’s medical, dental, and mental health care history which clearly outweighs any privacy interest that Plaintiff may be able to assert.”
In Unruh v. Prairie View, Bostwick granted leave to amend a retaliatory-discharge complaint to request punitive damages. The proposed pleading gave the defendant notice of the claim's basis, and Rule 9(g) did not require an exact dollar amount at that stage.
“The proposed Second Amended Complaint contains sufficient information to put Defendant on notice of the nature of, and basis for, Plaintiff’s claim for punitive damages.”
Procedural preferences
In Murray v. Edwards County Sheriff's Department, Bostwick denied a motion to compel after finding the parties had addressed the disputed requests at a status conference. Defense counsel said no additional responsive documents existed, and the plaintiff did not contradict that explanation. Bostwick noted a separate failure to confer on the motion to quash but decided its merits.
“As such, the Court is satisfied that the issues raised by Plaintiff’s Motion to Compel were appropriately and adequately resolved during the November 7, 2005, status conference.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Given the mandate to grant leave to amend when justice so requires, the Court is satisfied that Plaintiff's proposed amendment is adequate... As such, Plaintiff's motion is GRANTED.”
“For the foregoing reasons, the Court DENIES Plaintiff's Motion to Quash (Doc. 143.)”
“For the foregoing reasons, Plaintiff's Motion to Compel (Doc. 144) is DENIED.”
“Because the Court has now allowed Defendants to subpoena the requested medical, dental and mental health care records, the Court will also allow Defendants to conduct a single deposition of the relevant records custodian of these records. Plaintiff's Motion for Protective Order is, therefore, DENIED.”
“this court has made a de novo determination of the report and recommendation of Judge Bostwick and accepts his report and recommendation. Accordingly, this matter is dismissed, with prejudice.”
“IT IS THEREFORE ORDERED that Plaintiff's Defendant's Motion to Stay Discovery (Doc. 34) is GRANTED.”
“Foulston's Motion to Compel (Doc. 253) is DENIED, as is the related request for attorneys fees and costs.”
“IT IS THEREFORE ORDERED that Plaintiff's Motion for Defendant to Pay Costs Associated with Deposition of Plaintiff's Expert (Doc. 91) is GRANTED in part and DENIED in part.”
“IT IS THEREFORE ORDERED that Defendants' Motion to Compel (Doc. 304) is GRANTED in part and DENIED in part as more thoroughly set forth above.”
“IT IS THEREFORE ORDERED that Plaintiff's application for appointment of counsel (Doc. 14) is DENIED without prejudice as discussed above.”
“Defendants' Motion for Protective Order and/or Motion for a Stay of Discovery (Doc. 25) is, therefore, GRANTED.”
“MPC's motion on Flexjet's claims (Doc. 135) is denied, MPC's motion on Learjet's interim lift damages (Doc. 137) is denied, MPC's motion on Learjet's fraud claims (Doc. 139) is granted in part and denied in part, and plaintiffs' joint motion regarding breach of warranty (Doc. 141) is granted as to plaintiff Learjet and denied as to plaintiff Flexjet; and Learjet's motion on MPC's counterclaim (Doc. 141) is granted in part and denied in part.”
“IT IS THEREFORE RECOMMENDED that Plaintiff’s Application for Leave to File Action Without Payment of Fees, Costs, or Security (Doc. 2), be DENIED.”
“IT IS THEREFORE ORDERED that the motions for leave to file under seal (Doc.s 282, 292, 295, 355 and 368) are GRANTED IN PART and DENIED IN PART as set out in this Memorandum and Order.”
Caseload & timing
From public federal docket records for this judge.
Median motion-to-ruling time: 64.5 days (N = 4).
Not exhaustively enumerated. Bostwick was a Wichita referral magistrate handling discovery and case management across the district judges' civil dockets, plus dispositive R&Rs on pro se / IFP matters.
A historical record
Judge Bostwick 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.