Roger Jeffrey Miner

U.S. District Court for the Northern District of New York district Retired 1985 · served 1981–1985 Appointed by Ronald Reagan (Republican) 17 signed orders read

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

How Judge Miner decides

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

What persuades

He enforced labor arbitration finality when the parties had already received a proper arbitral resolution of the controversy.

“this Court is without power to entertain renewed argument over a controversy already properly resolved in the arbitral setting.”

In reviewing agency action, he required a concrete basis before displacing the responsible agency's determination.

“there is no basis upon which to disturb the Secretary’s determination”

Procedural preferences

He reopened a judgment under Rule 60 when the record exposed material factual disputes the earlier summary-judgment decision had overlooked.

“the existence of triable issues which the Court previously may have overlooked.”

He favored jury-selection safeguards over suppressing public access to evidence admitted in a criminal proceeding.

“a careful voir dire examination of prospective jurors is a less restrictive means than suppression of the tape”

Cautions

He imposed fee consequences when repetitive litigation crossed from persistence into an unfounded and vexatious burden on the judicial system.

“the unfounded and vexatious course of conduct he has chosen to pursue cannot and will not be tolerated.”

Signed rulings

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

Swift Independent Packing Co. v. District Union Local One
· 1983-11-02
Motion to confirm arbitration award (defendant union) Granted

“defendant’s motion to confirm the award pursuant to 9 U.S.C. § 9 is granted.”

Summary judgment (plaintiff employer) Denied

“Plaintiff’s motion for summary judgment vacating the award hereby is denied.”

Shapiro v. Cooke
· 1982-10-27
Summary judgment (plaintiff) Denied

“plaintiff’s motion for summary judgment is denied”

Summary judgment (defendants) Granted

“defendants’ cross-motion for summary judgment is granted.”

Rumsey v. New York State Department of Correctional Services
· 1983-06-28
Summary judgment (plaintiffs) Denied

“plaintiffs’ motion for summary judgment is denied”

Summary judgment (defendants) Granted

“defendants’ cross-motion for summary judgment is granted in its entirety.”

Rumsey v. New York State Department of Correctional Services
· 1984-01-03
Motion for relief from judgment (plaintiffs) Granted

“plaintiffs’ motion pursuant to Fed.R.Civ.P. 60(b) for relief from this Court’s June 28, 1983 Memorandum-Decision & Order which denied plaintiffs’ motion for summary judgment, and granted defendants’ cross-motion for summary judgment is granted”

United States v. $15,896.00 in U.S. Currency
· 1982-06-18
Summary judgment (government) Granted

“the plaintiff is entitled to summary judgment of forfeiture as a matter of law.”

BASF Wyandotte Corp. v. Local 227, International Chemical Workers Union
· 1984-07-02
Summary judgment (plaintiff employer) Denied

“plaintiff’s motion for summary judgment, Fed.R.Civ.P. 56(a), is denied.”

Boss v. International Brotherhood of Boilermakers, Iron Shipbuilders, Blacksmiths, Forgers & Helpers
· 1983-06-15
Summary judgment (defendant union) Granted

“defendant’s motion for summary judgment is granted in its entirety”

Class certification (plaintiffs) Denied

“plaintiffs’ motion for class certification is denied.”

Bostick v. Rappleyea
· 1985-07-05
Summary judgment (defendants) Granted in part

“defendants’ motion for summary judgment is granted as to all claims relating to defendants Fink, Burstein, Regan, Rappleyea and Catterson. Defendants’ motion further is granted as to the § 1983 claim and the EPA claim against all other defendants. In all other respects, the motion is denied”

Capital Telephone Co. v. City of Schenectady, New York
· 1983-01-20
Summary judgment (defendants) Granted

“defendants’ motion for summary judgment pursuant to Fed.R.Civ.P. 56(b) is granted.”

Motions to strike (plaintiff) Denied

“defenses pursuant to Fed.R.Civ.P. 12(f) is denied.”

New York State Teamsters Conference Pension & Retirement Fund v. Hoh
· 1982-12-30
Summary judgment (counterclaim plaintiffs) Granted

“counterclaim plaintiffs’ motion for summary judgment on the Hoh counterclaims is granted in all respects.”

Friends of the Shawangunks, Inc. v. Clark
· 1984-04-02
Summary judgment (plaintiffs) Denied

“plaintiffs’ motion for summary judgment is denied”

Summary judgment (intervenor-defendant Marriott) Granted

“defendant Marriott’s motion for summary judgment is granted”

Motions to dismiss (intervenor-defendant Marriott) Denied

“its motion to dismiss the complaint is denied”

Judgment on the pleadings (federal defendants) Granted

“the federal defendants’ motion for judgment on the pleadings is granted”

Motions to dismiss (federal defendants) Denied

“the federal defendants’ motion to dismiss the complaint for failure to state a claim upon which relief can be granted is denied.”

Stanton v. Board of Education of the Norwich Central School District
· 1983-12-30
Motions to dismiss (defendant Ambach) Denied

“defendant Ambach’s motion to dismiss the complaint for lack of subject matter jurisdiction, Fed.R.Civ.P. 12(b)(1), is denied.”

Motions to dismiss (Norwich defendants) Denied

“The motion of defendants Board of Education of the Norwich Central School District and Robert Cleveland to dismiss the complaint for failure to state a claim upon which relief can be granted, Fed.R.Civ.P. 12(b)(6), is denied”

Class certification (plaintiffs) Denied

“Plaintiffs’ motion for class certification also is denied.”

A historical record

Judge Miner 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.