Walter David Counts III
How Judge Counts rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Counts decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He denies summary judgment where genuine disputes of material fact persist, sending the case to trial rather than resolving it on the papers.
“Because these genuine disputes of material fact persist, summary judgment is off the table. The parties will proceed to trial... In other words, the Motion is DENIED.”
Procedural preferences
Against a non-appearing defendant he grants default judgment in part, awarding the relief and fees the record supports.
“Plaintiff's Motion for Default Judgment is GRANTED in part and DENIED in part.”
He will decline to adopt a magistrate judge's report and recommendation where intervening events render the underlying motion moot.
“The Court will therefore DECLINE to adopt the Report and Recommendation as it is rendered MOOT. Defendant's underlying Motion is also DENIED AS MOOT.”
Cautions
He grants a motion to dismiss an out-of-state manufacturer for lack of personal jurisdiction where the plaintiff cannot establish minimum contacts with the forum.
“LG Chem's motion to dismiss, is GRANTED. D&A Distribution's counterclaims for common law indemnification and statutory indemnification are DISMISSED WITHOUT PREJUDICE.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Because these genuine disputes of material fact persist, summary judgment is off the table. The parties will proceed to trial... In other words, the Motion is DENIED.”
“The Court will therefore DECLINE to adopt the Report and Recommendation as it is rendered MOOT. Defendant's underlying Motion is also DENIED AS MOOT.”
“LG Chem's motion to dismiss, is GRANTED. D&A Distribution's counterclaims for common law indemnification and statutory indemnification are DISMISSED WITHOUT PREJUDICE.”
“City of Midland's motion to dismiss is GRANTED. Angelica Olivas' hostile work environment claim under the ADA and §1983 are DISMISSED WITH PREJUDICE.”
“Defendants Criner and Midland County's motion to dismiss is GRANTED. Juanita Doe's claims as to Criner and Midland County are DISMISSED WITH PREJUDICE.”
“Plaintiff's Motion for Default Judgment is GRANTED in part and DENIED in part.”
“It is FURTHER ORDERED that Plaintiff's Motion for Attorney's Fees is GRANTED.”
“the Court DENIES the parties' motions for summary judgment relating to the issue of good faith and willfulness. (Docs. 149, 152).”
“The Court cannot grant summary judgment finding Defendants willfully violated the FLSA without first finding that Defendants violated the FLSA. Accordingly, the Court DENIES Plaintiffs' motion for summary judgment. (Doc. 152).”
“PfP Industries, LLC's partial motion to dismiss is GRANTED IN PART and DENIED IN PART. PfP's motion is GRANTED as to Jackson's hostile work environment claim under 42 U.S.C. § 1981 and Title VII. PfP's motion is DENIED as to Jackson's claims of a FLSA collective action, discrimination under § 1981, and retaliation under § 1981 and Title VII.”
“OVERRULES the objections, ADOPTS the R&R, and DENIES the motion”
“in the Alternative, Motion to Transfer is DENIED”
Caseload & timing
From public federal docket records for this judge.
The twenty sampled civil dockets from 2021 provide a limited view of Judge Counts's district-court caseload rather than a complete census.
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