John Gilpin Heyburn II
Judge Heyburn no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Heyburn decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Heyburn treated a benefits plan's wording as decisive and refused to infer administrator discretion from ambiguous drafting.
“Defendant has the opportunity and obligation to make such important provisions of its benefit plan clearly understandable.”
Heyburn declined summary judgment where the factual record did not conclusively establish residence, notice, or misrepresentation.
“The record is replete with serious disputes about what exactly happened at the property from March 2004 until the fire in March 2005.”
Procedural preferences
Heyburn separated federal defenses from federal jurisdiction and remanded state claims that did not require interpretation of a collective-bargaining agreement.
“For all these reasons, the Court concludes that Plaintiffs purely state law claims do not require interpretation of any agreement between INTEC and Defendant and, therefore, § 301 of LMRA does not preempt those claims.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS HEREBY ORDERED Plaintiffs Motion for Summary Judgment is SUSTAINED and State Auto shall reimburse Owners Insurance a pro-rata share of the settlement in the amount of $129,500.”
“Therefore, this Court will deny Defendant’s motion for summary judgment.”
“IT IS HEREBY ORDERED that Plaintiffs motion to remand this action to state court is DENIED.”
“IT IS HEREBY ORDERED that Defendant’s motion for summary judgment is SUSTAINED and Plaintiffs complaint is DISMISSED WITH PREJUDICE.”
“IT IS HEREBY ORDERED that Plaintiff’s cause of action for the tort of outrage is DISMISSED WITH PREJUDICE.”
“IT IS FURTHER ORDERED that Plaintiffs motion to pay over monies deposited in the Court’s registry is DENIED.”
“IT IS HEREBY ORDERED that Defendant Luttrell’s motion to dismiss is DENIED.”
“Consequently, for all the reasons stated, Stanley Jones Corporation is entitled to assert its statute of limitations defense, which results in the dismissal of the Leonards’ clams against it.”
“IT IS HEREBY ORDERED that Defendants’ motion to dismiss is SUSTAINED and Plaintiffs complaint is DISMISSED WITH PREJUDICE.”
“IT IS HEREBY ORDERED that the complaint is DISMISSED WITHOUT PREJUDICE.”
“IT IS HEREBY ORDERED that Defendants’ motions are DENIED in part and SUSTAINED in part.”
“IT IS HEREBY ORDERED that Defendant’s motion for summary judgment as to Plaintiffs 42 U.S.C. § 1981 claims is DENIED.”
“IT IS HEREBY ORDERED that Defendant’s motion for summary judgment is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The sampled historical matters included contract, foreclosure, forfeiture, and public-benefits disputes. The sampled records did not contain usable motion timelines.
A historical record
Judge Heyburn 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.