John Feikens

United States District Court for the Eastern District of Michigan district Retired 2011 · served 1970–2011 Appointed by Richard M. Nixon (Republican) 20 signed orders read

Judge Feikens no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Feikens decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Feikens enforced the plain text of the UCC and rejected attempts to recharacterize a mandatory payment condition as a separate service.

“Adopting the fiction that the check cashing fee is separate from the payment of the check would contravene the plain meaning of the statute”

He read differing phrases within the FMLA as deliberate and treated the absence of a continuity requirement as decisive.

“The plain language of the statute does not, therefore, support Defendant’s contention that the 12 months must be continuous.”

Procedural preferences

Feikens applied the first-to-file rule unless concrete equitable circumstances justified departing from ordinary inter-court comity.

“Courts have discretion to dispense with the first-to-file rule when equity so demands, but as a principle of sound judicial administration, the first suit should have priority, absent special circumstances.”

He used reconsideration to correct a legal error when authority showed the claim could arise under a different federal statutory basis.

“because Plaintiffs do state a claim for which relief can be granted in asserting the breach of duty for fair representation under the NLRA, their claim should be reinstated.”

Cautions

Feikens would not freeze an unsecured defendant’s assets before the creditor obtained judgment and established an equitable interest in the property.

“Plaintiffs have not asserted equitable claims, nor have they articulated any equitable interest in the real property owned by Winchester Land.”

He treated an anticipatory declaratory filing made immediately after receipt of a draft complaint as procedural fencing that undermined pre-suit settlement.

“allowing Living Essentials to take advantage of CB’s attempt to settle before filing a complaint by allowing the declaratory judgment to go forward would reward Living Essentials for choosing not to engage in settlement discussions”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

DIRECTV v. Haines
Request for judicial notice (defendant) Denied

“Defendant’s motions for judicial notice and a stay of proceedings are DENIED.”

Motions to stay (defendant) Denied
Innovation Ventures, L.L.C. v. Custom Nutrition Laboratories, L.L.C.
Motions to dismiss (defendant) Granted

“For the reasons set forth above, I GRANT Defendant’s motion and dismiss this action.”

United States v. Sharif
Motion for reconsideration (defendant) Denied

“Thus, I DENY the motion for reconsideration of my Amended Order and Opinion of December 3, 2004.”

Sawyer v. Michigan State Police
Motions to dismiss (defendant) Granted

“Pursuant to Fed. R.Civ.P. 12(b)(6), therefore, I DISMISS all claims against defendant Miller.”

Mentzel v. Comcast Cable Communications, Inc.
Motions to remand (plaintiff) Granted

“IT IS HEREBY ORDERED that this case be REMANDED to the Oakland County Circuit Court pursuant to 28 U.S.C. § 1447(c).”

Ebi-Detroit, Inc. v. City of Detroit
Summary judgment (defendants) Granted

“Therefore, I GRANT sumrriary judgment on all claims in favor of Defendants.”

EBI-Detroit, Inc. v. City of Detroit
Motions to remand (plaintiff) Denied

“For the reasons above, the motion to remand is DENIED.”

Clear! Blue, LLC v. Clear Blue, Inc.
Motions to dismiss (defendant) Granted

“For the reasons set forth above, I GRANT Clear Blue’s motion and dismiss this action without prejudice.”

Trustees of the Sheet Metal Workers' Local Union No. 80 Pension Trust Fund v. Winchester Land, L.L.C.
Temporary restraining order (plaintiffs) Denied

“the Court hereby DENIES Plaintiffs’ motion for a temporary restraining order and motion for preliminary injunction.”

Preliminary injunction (plaintiffs) Denied
McCuiston v. Hoffa
Motion for reconsideration (plaintiffs) Granted

“Plaintiffs’ Motion for Reconsideration is GRANTED and the third count of the Complaint is reinstated.”

Motion for leave to amend (plaintiffs) Moot / procedural

“Plaintiffs’ Motion for Reconsideration is GRANTED and the third count of the Complaint is reinstated. Plaintiffs’ Motion to Amend Their Complaint is DENIED.”

Cmps Institute, LLC v. Mmg II, LLC
Motions to remand (plaintiffs) Granted

“Because there is not complete diversity of citizenship, I GRANT Plaintiffs’ motion and remand this action back to Washtenaw County Circuit Court.”

NNDJ, INC. v. Comerica Inc.
Motions to dismiss (defendant Fifth Third Bank) Denied

“I, therefore, DENY Fifth Third Bank’s Motion to Dismiss.”

Caseload & timing

From public federal docket records for this judge.

Forty case records from two bounded chronological slices were reviewed. The oldest slice is dominated by fifteen related asbestos cases, while the recent slice includes student-loan recovery, contract, employee-benefit, immigration, bankruptcy, and other civil matters. Thirty-eight records were terminated and two lacked a termination date. Because the slices were selected by chronology and many older cases share batch-style termination dates, the profile makes no representative duration claim.

A historical record

Judge Feikens 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.