John R. Froeschner

How Judge Froeschner rules, drawn from 5 signed orders. Every observation links to the order it came from.

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

Court
U.S. District Court for the Southern District of Texas
Position
magistrate
Status
Retired 2017
Served
1991–2017
Appointed by
Judges of the U.S. District Court for the Southern District of Texas
Commissioned
1991
Signed orders read
5

How Judge Froeschner decides

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

What persuades

In the contract dispute, Froeschner enforced the written termination and repayment terms rather than allowing alleged oral assurances to vary them.

“Defendants will not be permitted to alter the express terms of the written agreements with parol evidence.”

In the suppression recommendation, the planned timing and circumstances of the entry mattered: officers expected sleeping occupants and allowed too little time for a response.

“Given these facts it was unreasonable to make a forced entry after only ‘approximately’ 10 seconds.”

Procedural preferences

For contacts with treating physicians, Froeschner favored noticed, on-the-record discovery that allows all parties to participate and preserves unrelated privileges.

“Formal discovery, on the record, with notice and an opportunity to other parties to be present and to participate in the proceedings, is simply the fairest and most satisfactory means of obtaining discovery from a treating physician.”

Signed rulings

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

Horner v. Rowan Companies, Inc.
number unavailable · 1994-01-04
Motion for sanctions (plaintiff) Granted in part

“the inexcusable bad faith conduct of defense counsel, brought to light by virtue of the Plaintiffs motion, will support an award of attorney fees and relevant expenses incurred by Plaintiff attendant to the instant motion.”

Bundick v. Bay City Independent School District
number unavailable · 2001-03-06
Summary judgment (defendant) Granted

“it is the RECOMMENDATION of this Court that the Motion for Summary Judgment of Defendants, Bay City Independent School District, Bay City I.S.D. Board of Trustees, Rick Bowles, Lee Ann McGonagle and Marty DeLeon be GRANTED and all claims asserted by Plaintiff, David Eugene Bundick, be DISMISSED.”

United States v. Bruno
number unavailable · 2005-08-31
Motion to suppress (defendant) Granted

“It is, therefore, the RECOMMENDATION of this Court that the Joint Motion to Suppress (Instrument no. 64) of the Defendants Christopher Jerome Caldwell and Phillip Jerome Bruno, be GRANTED”

Guardian Life Insurance v. Kinder
number unavailable · 2009-09-28
Summary judgment (plaintiff) Granted in part

“Guardian’s Motion for Summary Judgment for breach of contract and attorney’s fees is GRANTED as to Gary D. Kinder & Associates, Inc. d/b/a Cornerstone Financial Group, but DENIED as to Defendant Gary D. Kinder, in his individual capacity, due to his discharge in bankruptcy.”

Lee v. Credit Management, LP
number unavailable · 2011-12-27
Summary judgment (plaintiff) Denied

“Plaintiff Derek Lee’s Motion for Partial Summary Judgment (Dkt. No. 27) be DENIED”

Summary judgment (defendant) Granted in part

“Defendant Credit Management’s Motion for Summary Judgment (Dkt. No. 20) be GRANTED as to the following claims Lee’s FDCPA claims under § 1692e(10) and § 1692d and his DTPA claims; but DENIED as to Lee’s claims FDCPA under § 1692a(2)(A) and § 1692g(a), the TDCPA and the TCPA.”

Caseload & timing

From public federal docket records for this judge.

The 14 sampled terminated matters included four Social Security cases, four insurance cases, three employment or civil-rights cases, one labor-benefits case, one consumer-credit case, and one maritime personal-injury case. Median duration was 671 days, with a range from 138 to 2,479 days.

A historical record

Judge Froeschner 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.