Lacy Herman Thornburg

How Judge Thornburg rules, drawn from 20 signed orders. Every observation links to the order it came from.

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

Court
United States District Court for the Western District of North Carolina
Position
district
Status
Retired 2009
Served
1995–2009
Appointed by
Bill Clinton (Democratic)
Commissioned
1995-03-17
Education
University of North Carolina, B.A. (1952); University of North Carolina School of Law, J.D. (1954)
Signed orders read
20

How Judge Thornburg decides

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

What persuades

In Penland, Thornburg weighed relevance, alternative sources, and the asserted need for information before quashing press subpoenas.

“the Court finds that the Plaintiffs do not have a compelling interest in this information.”

Procedural preferences

In Petty, Thornburg allowed an amended disability claim to proceed because the alleged accommodations could support relief if proved.

“If ‘relief could be granted under any set of facts that could be proved consistent with the allegations,’ the motion must be denied.”

Cautions

In Smith, Thornburg emphasized that discrediting an employer’s explanation does not by itself establish unlawful discrimination.

“to substitute for the required finding that the employer’s action was the product of unlawful discrimination, the much different (and much lesser) finding that the employer’s explanation of its action was not believable.”

Signed rulings

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

Avery v. Fraser Firs for Christmas (In re Avery)
· 1995-06-27
Bankruptcy appeal (appellants) Denied

“the Appellants’ appeal from the Order of U.S. Bankruptcy Court Judge George R. *652Hodges dated April 20,1994, is DISMISSED and the decision of the Bankruptcy Court is hereby AFFIRMED.”

Bebber v. J.M. Westall & Co. (In Re Bebber)
· 1995-06-28
Bankruptcy appeal (appellant) Denied

“the appeal from the Judgment of U.S. Bankruptcy Court Judge George R. Hodges, entered May 6, 1994, is hereby DISMISSED and the Judgment is hereby AFFIRMED.”

Murray v. R.E.A.C.H. of Jackson County, Inc.
· 1995-09-29
Summary judgment (defendant) Granted

“the Defendant’s motion to dismiss or for judgment on the pleadings, converted to a motion for summary judgment, is hereby ALLOWED;”

Motion for partial summary judgment (plaintiff) Denied

“the Plaintiffs motion for partial summary judgment is hereby DENIED;”

Motions to strike (plaintiff) Moot / procedural

“the Plaintiffs motion to strike is hereby DENIED as moot.”

Penland v. Long
· 1995-12-19
Motion to quash subpoena (respondent O’Neal) Granted

“Respondent O’Neal’s motion to quash Plaintiff Penland’s subpoena is GRANTED;”

Motion to quash subpoena (respondent Barber) Granted

“Respondent Barber’s motion to quash Plaintiff Penland’s subpoena is GRANTED;”

United States v. Johnson
· 1997-12-11
Magistrate judge appeal (appellants) Denied

“the orders of convictions and sentences of the Appellants are hereby AFFIRMED, this appeal is hereby DISMISSED”

Norfolk Southern Ry. Co. v. Shulimson Bros. Co.
· 1998-03-19
Motions to dismiss (defendants) Granted

“the Defendants’ motions are hereby GRANTED and this action is dismissed as to Defendants Gina Shulimson Hart, Jack Shulimson, Natalie Shulimson Zeitlin, and Bernard Shu-limson.”

Hensley v. Danek Medical, Inc.
· 1998-05-05
Summary judgment (defendants) Granted

“the Defendants’ motion for summary judgment is hereby GRANTED”

Lyerly v. Internal Revenue Service
· 1998-09-08
Bankruptcy appeal (appellant) Denied

“the Bankruptcy Court’s Order denying the motion for approval of assignment of proceeds is hereby AFFIRMED, and the appeal is hereby DISMISSED.”

Woolbert v. Kimble Glass, Inc.
· 1999-01-12
Motions to dismiss (defendants) Granted

“the Defendants’ motion to dismiss is ALLOWED.”

French v. United States ex rel. Department of Human Health & Human Service
· 1999-02-25
Motions to dismiss (United States) Granted

“the motion of the United States to dismiss is ALLOWED;”

Rudasill v. WorldWay Corp.
· 1999-04-15

After a bench trial, Thornburg awarded supplemental retirement benefits but denied accelerated severance benefits and attorney fees; the order stated that “the Plaintiffs are entitled to supplemental retirement benefits, provided that Plaintiff John Rudasill does not engage in activity in violation of paragraph 10 of the Plan”.

Kephart v. Cherokee County, NC
· 1999-05-12
Summary judgment (defendant) Granted

“the Defendant’s motion for summary judgment on the claim pursuant to the FMLA is hereby GRANTED.”

Caseload & timing

From public federal docket records for this judge.

The fixed five-docket sample included two miscellaneous matters, an employment case, a contract case, and a land matter. All five cases were terminated, but none had an electronic entry stream, so only case durations and administrative closing categories could be summarized.

A historical record

Judge Thornburg 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.