John Caskie Collet
How Judge Collet rules, drawn from 22 signed orders. Every observation links to the order it came from.
Judge Collet no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Collet decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Goldenstern, Collet required evidence of a genuine dispute before treating acceptance of a smaller payment as accord and satisfaction.
“It is rather academic that the acceptance by a creditor of an amount less than that actually due him will not extinguish the entire debt unless.there is a bona-fide dispute concerning the amount due and the acceptance of the lesser amount is in settlement of that dispute.”
Procedural preferences
In Bluford, Collet treated the appellate-record deadline as a limit on the district court's authority even where the reasons for extension were adequate.
“That motion would be granted if the court had the authority to do so. By the plain provisions of Rule 73(g), the court has no such authority and may exercise no discretion in the matter.”
Cautions
In McKittrick, Collet treated a request for time to plead in state court as conduct showing an intent to submit there and waive removal.
“But when it asked leave to plead to the information it clearly informed the court and plaintiff that if it was given sixty days to plead it would file a pleading responsive to the issues.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The action should therefore be dismissed as to the real estate described in the warranty deed of October 25, 1934. It is so ordered.”
Collet rejected the removing defendant's federal-question theory, but the cached reporter text ends without an express disposition sentence.
“The motion to remand will be sustained and the cause remanded by appropriate order.”
“The motion to dismiss is not ruled as the questions raised therein are properly cognizable by the State Court.”
“For the reasons indicated, the motion to remand will be sustained by appropriate order.”
“A proper order for such security will be made.”
“Since neither the United States, the Interstate Commerce Commission, the Public Service Commission of Missouri or Kansas, or any party directly interested is a party plaintiff to this action it may not be maintained and must be dismissed and the motion to intervene denied.”
“Since, therefore, the burden of proof in each of these cases rests upon parties standing in different relative positions, it is impractical to consolidate the cases and the motion is therefore denied.”
“Findings of fact and Conclusions of Law having been filed judgment will be entered for plaintiff.”
“The motion to dismiss is sustained on the ground the court is without jurisdiction.”
“For the reasons noted the motion is sustained with exception to plaintiff.”
“For the reasons stated, the motion for extension of time filed on this date should be and is hereby overruled.”
Caseload & timing
From public federal docket records for this judge.
No assigned docket records were returned for the district tenure.
A historical record
Judge Collet 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.