Howard David Hermansdorfer
How Judge Hermansdorfer rules, drawn from 25 signed orders. Every observation links to the order it came from.
Judge Hermansdorfer no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Hermansdorfer decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In TEC, Hermansdorfer treated a dispute over the parties’ good or bad faith as unsuitable for summary adjudication.
“It is equally clear that where a material question involving the state of mind of the parties arises, the matter cannot properly be disposed of by Summary Judgment.”
Procedural preferences
In Howes, Hermansdorfer favored resolving doubt against default and permitting the controversy to be heard on its merits.
“Any doubts should be resolved in favor of setting aside the default so that the case may be heard on the merits.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motion for Summary Judgment is overruled.”
“An order will be entered forthwith in conformity with this Memorandum Opinion overruling the Motion to Dismiss on the grounds of Double Jeopardy and violation of the intent and purpose of the Act; overruling the Motion to Dismiss, in part, on the grounds of defective rule making; and, sustaining the Motion to Dismiss as to Count VII of the indictment on the ground of defective rule making and apparent inability of the Government to make a prima facie case against the defendants on the statutory language alone.”
“Accordingly, without suggestion of comment on the merits of plaintiff’s claim, the defendant’s Motions to Quash Service of Summons and to Dismiss the Complaint for Lack of Jurisdiction over the Defendant are sustained.”
“This Motion to Dismiss the Complaint is Sustained.”
“Petitioner’s Motion to Proceed in For-ma Pauperis will be sustained.”
“The Motion for Writ of Habeas Corpus is overruled.”
“Defendant’s Motion to Dismiss the Complaint for lack of jurisdiction over the person is sustained.”
“Plaintiffs’ Motion for Summary Judgment is overruled.”
“Defendant’s Motion for Summary Judgment is ovei’ruled.”
“The Motion to Dismiss is hereby Sustained.”
“Accordingly, in view of the foregoing, the defendant’s motion to suppress shall be, and the same hereby is, overruled inasmuch as the search conducted was not violative of the safeguards afforded the defendant by the Fourth Amendment.”
“As the cause giving rise to this claim for an attorney’s fee was before this Court on its merits for a period of fourteen months, then an award equal to the ratio of that period and the total months of past due benefits times the total amount of attorney’s fees withheld by the Secretary shall be, and the same hereby is, granted and allowed counsel for his services rendered before this Court.”
“Accordingly, petitioner’s motion for Writ of Habeas Corpus shall be sustained on condition.”
“Accordingly, this action shall be, and the same hereby is, dismissed for failure to state a claim upon which relief may be granted.”
Caseload & timing
From public federal docket records for this judge.
No assigned Eastern District docket records were returned under the four searched Hermansdorfer name variants.
A historical record
Judge Hermansdorfer 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.