Robert John Colville
How Judge Colville decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On premises-liability summary judgment he distinguishes durable defects from transitory ones: a plaintiff need not prove how long a defect existed when it is 'of the type with an inherently sustained duration' (e.g. a loose wire) and a witness saw it around the accident -- constructive notice then goes to the jury.
“the loose wire is of the type with an inherently sustained duration, as opposed to a transitory spill which could have occurred an instant before the action. Therefore, the nature of the condition requires that a jury decide whether Defendants had constructive notice and summary judgment is not appropriate.”
He applies the Pennsylvania 'Sterner' majority rule: once an employer admits respondeat-superior agency and no punitive-damages claim is pled, direct corporate-negligence claims (negligent hiring/training/supervision) are dismissed as unnecessary and prejudicial -- and he will do so on a 12(b)(6) motion, not only at summary judgment.
“once the employer/supervisor defendants admitted an agency relationship and no claims for punitive damages remained in the action ... the plaintiffs in those cases could no longer proceed with the direct negligence claims against the employer/supervisor defendants.”
Procedural preferences
He routes civil cases into ADR early (a standing Rule 12(b) order, prompt Rule 16.1 scheduling, and referral to Early Neutral Evaluation/mediation); many of his civil dockets resolve at ENE/ADR with an administrative case-closing rather than on dispositive motions.
“Defendants are permitted to re-raise the issue in a motion for summary judgment.”
Cautions
He dismisses with prejudice when amendment would be futile -- e.g. a claim seeking a category of relief (an injunction to retract a publication) that is legally unavailable cannot be cured by repleading.
“Because amendment of Count I would be futile, the Court will dismiss Count I with prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated herein, the Motion to Dismiss will be denied.”
“this Court will grant Defendants' Partial Motion to Dismiss, and dismiss Count I of Plaintiffs' First Amended Complaint. Because amendment of Count I would be futile, the Court will dismiss Count I with prejudice.”
“For the reasons discussed above, the Court will deny Defendants' Motion for Summary Judgment.”
“the Court will grant the motion and Count II will be dismissed.”
“Defendants, AHN, Meenihan, Islamova, and Abts' Motion to Dismiss (ECF Nos. 37, 73, 77) is granted as to Counts VIII through X, XIII through XXI and XXXI, with prejudice, and as to Counts I through VII, XI, XII, and XXII through XXX, without prejudice pursuant to 28 U.S.C. § 1367(c)(3).”
“The Federal Defendants' Motion to Dismiss (ECF No. 57) is granted, with prejudice.”
“Defendants, Caceres and Sagath's Motion to Dismiss (ECF No. 97) is granted as to Counts VIII through X, XIII through XXI and XXXI, with prejudice, and as to Counts I through VII, XI, XII, and XXII through XXX, without prejudice pursuant to 28 U.S.C. § 1367(c)(3).”
“The Court accepts and adopts Judge Kelly's Report and Recommendation in its entirety as the opinion of the Court. Defendants' Motion to Dismiss is denied.”
“The Motion is granted as to Plaintiff's medical negligence claims at Counts 18-23, and these claims are dismissed with prejudice because the Court finds that amendment as to these claims would be futile; The Motion is granted as to Plaintiff's deliberate indifference claims at Counts 23-27, and these claims are dismissed without prejudice and with leave to amend; and The Motion is denied as to Plaintiff's deliberate indifference claim against Defendant Winters at Count 28.”
“The Motion to Dismiss (ECF No. 42) filed by PrimeCare is granted in its entirety, and Plaintiff's claim against PrimeCare at Count 30 is dismissed without prejudice and with leave to amend.”
“The Motion is granted as to Plaintiff's deliberate indifference claims against Defendants Rudd, Grossman, and Wexford at Counts 9, 10, and 17, and these claims are dismissed without prejudice and with leave to amend; The Motion is granted as to Plaintiff's deliberate indifference and medical negligence claims against Defendants Depew, Brash, McCabe, DeNinno, and Rutan at Counts 4-8 and 12-16, and these claims are dismissed without prejudice and with leave to amend; and The Motion is denied as to Plaintiff's deliberate indifference claim against Defendant Miller at Count 11.”
“Therefore, Dana Mining's Motion for Judgment on the Pleadings as to Federal is denied and Federal's Motion for Judgment on the Pleadings is granted.”
“Based on the above, Dana Mining's Motion for Judgment on the Pleadings as to Brickstreet is denied. Further, for the same reasons as detailed above, Brickstreet's Motion for Summary Judgment is granted.”
“It is further ORDERED that Defendant's Motion for Judgment on the Pleadings is granted as to Plaintiff's Eight Amendment Verbal Harassment claim and Fourteenth Amendment Equal Protection claim. The Court grants Plaintiff leave to amend the Complaint within fourteen (14) days of the date of this order.”
“Plaintiff's Objections to the August 12, 2021 Report and Recommendation are overruled, and Plaintiff's Cross-Motion for Summary Judgment is denied.”
“Plaintiff's Objections to the October 19, 2021 Report and Recommendation are overruled, and Defendants' Motion for Summary Judgment is granted.”
“For the reasons discussed above, the Court will GRANT Defendant's Motion to Compel Arbitration. This case is STAYED pending the outcome of arbitration.”
“Plaintiff's Motions to Strike the Motion to Compel (ECF Nos. 19, 27), Motion to Alter or Amend Judgment (ECF No. 33), Motion for Reconsideration (ECF No. 36), and Motion for Oral Argument (ECF No. 31) are DENIED.”
“It is hereby ORDERED that Petitioner's Petition for Writ of Habeas Corpus is DISMISSED as an unauthorized petition over which this Court lacks jurisdiction.”
Caseload & timing
From public federal docket records for this judge.
The reviewed 2021-2022 matters include False Claims Act, trademark, employment-discrimination, prisoner medical-care, and criminal cases. Most sampled civil cases ended through early neutral evaluation, mediation, or administrative closure, leaving few observations of dispositive-motion timing.
Put Judge Colville's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Colville actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Colville's own signed orders and cites them.