Howell Cobb

United States District Court for the Eastern District of Texas district Retired 2005 · served 1985–2005 Appointed by Ronald Reagan (Republican) 20 signed orders read

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

How Judge Cobb decides

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

What persuades

He transferred cases when the chosen division had no meaningful connection to the parties, events, or witnesses and another forum was substantially more convenient.

“This case has no factual nexus to Beaumont.”

At the pleading stage, he accepted well-pleaded facts and refused to resolve factual disputes through materials outside the complaint before discovery developed the record.

“The motion to dismiss for failure to state a claim is viewed with disfavor and is rarely granted.”

At summary judgment, he required evidence on essential elements rather than reliance on allegations alone.

“Rodrigues cannot survive a properly supported motion for summary judgment on his allegations alone.”

He distinguished a state workplace-negligence claim from a claim for employee-plan benefits when deciding whether federal law supplied removal jurisdiction.

“The plaintiff is the master of her complaint and may choose to pursue state law causes of action even though federal causes of action are available.”

Cautions

He denied a post-removal amendment that would destroy diversity when the plaintiff knew of the proposed defendant earlier, delayed seeking joinder, and showed no substantial prejudice.

“Third, the court finds that Perry will not suffer any serious prejudice if the amendment is denied.”

He enforced a valid employment-arbitration agreement when its language covered the asserted discrimination claims.

“the Federal Arbitration Act mandates that these claims be submitted to arbitration.”

Signed rulings

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

Conway v. Lenzing Aktiengesellschaft
· 2002-07-25
Motion to transfer venue (defendant) Granted

“ORDERED, that defendant’s motion to transfer venue is GRANTED”

Day v. Burlington Northern Santa Fe Railway Co.
· 2001-12-18
Motion to transfer venue (defendant Burlington Northern Santa Fe Railway) Granted

“ORDERED, that defendants’ motions to transfer venue are GRANTED”

Motion to transfer venue (defendant East Texas Swabbing and Rental) Granted
Motion to transfer venue (defendant Charles L. Veevers) Granted
Scott v. Steinhagen Oil Co., Inc.
· 2002-08-06
Motions to dismiss (defendant Steinhagen Oil Company, Inc.) Denied

“Defendant Steinhagen Oil Company, Inc.’s Motion to Dismiss [Dkt. #4] and Defendant Julie Payne’s Motion to Dismiss [Dkt. # 5] are hereby DENIED.”

Motions to dismiss (defendant Julie Payne) Denied
Baptist Hospital of Southeast Texas v. United Healthcare of Texas, Inc.
· 2002-05-06
Motions to remand (plaintiff Baptist Hospital) Denied

“ORDERED, that plaintiff Baptist Hospital’s Motion to Remand is DENIED.”

Rodrigues v. General Electric Corp.
· 2001-10-24
Summary judgment (defendant General Electric Corporation) Granted

“General Electric Corporation’s motion for summary judgment is hereby GRANTED”

Coburn Supply Co., Inc. v. Kohler Co.
· 2002-01-08
Summary judgment (defendant Kohler Company) Granted in part

“Defendant Kohler Company’s Motion for Summary Judgment is hereby GRANTED in PART and DENIED in PART.”

Request for additional pretrial relief (defendant Kohler Company) Denied

“Defendant Kohler Company’s Pretrial Brief Requesting Additional Relief is hereby DENIED.”

Gaston v. Houston County, Texas
· 2002-01-11
Judgment on the pleadings (defendants Houston County and James Oscar Rains) Granted

“Motion for Judgment on the Pleading is hereby GRANTED with regard to Plaintiffs’ federal claims.”

Pederson v. Huey T. Littleton Claims Services of Texas, Inc.
· 2001-07-12
Motion for leave to amend (plaintiffs) Granted

“The motion is GRANTED.”

Kelley v. Wal-Mart Stores, Inc.
· 2002-08-02
Motions to dismiss (third-party defendant Enviro-Kleen Enterprises) Denied

“Third-Party Defendant Enviro-Kleen Enterprises’s Motion to Dismiss [Dkt. # 20] is hereby DENIED.”

Brandin v. Brammer Construction
· 2002-07-15
Motions to dismiss (defendant United States) Granted

“the United States’s Motion to Dismiss [Dkt. # 3] is hereby GRANTED and the Brandins’ claims against the United States are DISMISSED WITHOUT PREJUDICE.”

Perry v. Hartford Insurance Co. of the Midwest
· 2002-03-04
Motions to remand (plaintiff Frances Perry) Granted

“the plaintiffs motion to remand is GRANTED at defendant’s cost.”

Williams v. National Railroad Passenger Corp. (Amtrak)
· 2005-08-18
Motions to dismiss (defendant Amtrak) Granted

“It is therefore ORDERED that they be DISMISSED with prejudice.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 379 days (N = 20).

The bounded early-1990 enumeration contains twenty terminated cases. It is a narrow archival slice, not a career-wide caseload measure.

A historical record

Judge Cobb 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.