Gary August Fenner

How Judge Fenner rules, drawn from 8 signed orders. Every observation links to the order it came from.

Judge Fenner no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
United States District Court for the Western District of Missouri
Position
District judge
Status
No longer serving
Appointed by
Bill Clinton (Democratic)
Commissioned
July 25, 1996
Education
B.A., University of Kansas, 1970; J.D., University of Missouri-Kansas City School of Law, 1973
Signed orders read
8

About Judge Fenner

Gary A. Fenner is an inactive senior judge of the United States District Court for the Western District of Missouri. Appointed by President William J. Clinton, Judge Fenner received a commission on July 25, 1996. Judge Fenner assumed senior status on September 8, 2015.

How Judge Fenner decides

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

What persuades

In Morse v. County of Ozark, the court granted motions to dismiss for lack of subject matter jurisdiction because the plaintiffs' claims sought federal review of a state court judgment. It dismissed the remaining claims without reaching their merits.

“Plaintiffs are attempting to appeal the decision of the Circuit Court of Ozark County, Missouri, to this Court in contravention of the Rooker-Feldman doctrine.”

Procedural preferences

In Lewis v. U.S. Farathane, Fenner denied remand after the defendant corrected a removal notice filed in the wrong state-court case. He found that the delay did not prejudice the plaintiff or undermine diversity jurisdiction.

“The Court finds that Defendant’s delay in filing a corrected copy of the notice of removal with the state court in the correct case number does not warrant remand in this case.”

In the Prime Tanning putative class action, Judge Fenner denied summary judgment on NBL’s post-acquisition liability because the named plaintiff’s distance from one disposal site did not dispose of other potential class members’ claims and factual disputes remained about exposure; he granted judgment on pre-acquisition liability.

“Genuine factual issues remain regarding whether NBL caused or significantly contributed to injuries sustained by potential class members after March 9, 2009.”

In Carrillo’s Section 2255 case, Judge Fenner enforced the plea agreement’s collateral-attack waiver because Carrillo did not claim an illegal sentence or manifest injustice. The order also rejected his two sentencing arguments on their merits and denied relief without a hearing.

“Since Carrillo has not made a claim of an illegal sentence or manifest injustice, he has waived his right to bring these claims in accordance with his plea agreement terms.”

Cautions

In Community of Christ Copyright Corp. v. Devon Park Restoration Branch, the court rejected an unsupported assertion that consumers' care in choosing a religious community reduced confusion between nearly identical marks. It granted the plaintiffs' summary judgment motion on the trademark claims.

“This lone, unsupported statement represents Defendants’ only argument that this factor weighs in their favor.”

In Carrillo’s Section 2255 case, Fenner required the pro se movant to identify facts supporting his claims of sentencing error.

“Even a pro se movant must identify facts that support his claims of error.”

Signed rulings

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

Action Mailing Corporation v. Hewlett-Packard Company
4:08-cv-00671-GAF · 2009-10-26
Summary judgment (defendant) Granted

“For these reasons, and those set forth above, HP’s Motion for Summary Judgment is GRANTED.”

William G. Morse and Tanya L. Morse v. County of Ozark, Missouri, et al.
6:14-cv-03348-GAF · 2014-10-24
Motions to dismiss (defendant) Granted

“Mr. and Ms. Heidi’s and Ms. Rooney-McBride’s Motions to dismiss for lack of subject-matter jurisdiction are GRANTED.”

Anthony Lewis v. U.S. Farathane, LLC
5:25-cv-06008-GAF · 2025-04-29
Motions to remand (plaintiff (pro se)) Denied

“Plaintiff’s Motion to Remand is DENIED and Motion for Sanctions is DENIED.”

Motion for sanctions (plaintiff (pro se)) Denied
Community of Christ Copyright Corporation, et al. v. Devon Park Restoration Branch of Jesus Christ’s Church, et al.
4:08-cv-00906-GAF · 2010-01-14
Summary judgment (plaintiff) Granted

“For the reasons set forth below, Plaintiffs’ Motion for Summary Judgment is GRANTED.”

David Estus and Joan Marie Estus v. John Oliver Perry, Jr., New Prime, Inc., and Success Leasing, Inc.
6:04-cv-03209-GAF · 2005-08-08
Motions to strike (defendant) Granted in part

“the Defendants’ Motion to Strike is GRANTED in part and DENIED in part.”

Fernando Carrillo v. United States of America
4:10-cv-00500-GAF · 2010-08-25
Motion to vacate sentence 2255 (defendant (movant/petitioner)) Denied

“Carrillo’s motion seeking § 2255 relief is denied without an evidentiary hearing and without issuance of a certificate of appealability.”

Carol Helms v. Prime Tanning Corp., et al. (National Beef Leathers, LLC)
5:09-cv-06081-GAF · 2010-05-11
Summary judgment (defendant) Granted in part

“NBL’s Motion is accordingly DENIED in part and GRANTED in part.”

Electronic Contracting Company v. Clay County, Missouri
4:24-cv-00443-GAF · 2025-07-14
Motion to amend scheduling order (plaintiff) Granted in part

“ECC’s Motion to Amend Scheduling Order is GRANTED in part;”

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202600
Sep 202502
Mar 202501
Sep 202401
Mar 202410
Sep 202331
Mar 202301
Sep 202202
Mar 202201
Sep 202103
Mar 2021017
Sep 2020515

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

A historical record

Judge Fenner 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.