Brian Theadore Stewart

How Judge Stewart rules, drawn from 36 signed orders. Every observation links to the order it came from.

Court
United States District Court for the District of Utah
Position
District judge
Status
Senior status
Appointed by
Bill Clinton (Democratic)
Commissioned
November 11, 1999
Education
Utah State University, B.S. (1972); University of Utah College of Law, J.D. (1975)
Signed orders read
36

About Judge Stewart

Brian Theadore Stewart is a judge of the United States District Court for the District of Utah. Appointed by President William J. Clinton, Judge Stewart received a commission on November 11, 1999. Judge Stewart assumed senior status on September 1, 2014.

Judge Stewart's practices and standing orders

Rules for cases before Judge Stewart, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Filing

Proposed orders emailed to chambers must be editable word processing files.

“Proposed orders emailed to chambers must be editable and submitted in word processing format”

Filing

Courtesy copies of filings are unnecessary.

“Judge Stewart does not require courtesy copies of filings.”

Motions

A TRO hearing will not be set until Judge Stewart has received and reviewed the motion.

“TRO Hearings will not be set prior to the filing and review of the Motion for a TRO.”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Stewart decides

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

What persuades

A complaint needed factual substance beyond labels and a formulaic recitation of the elements.

“A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will not do.’”

A party opposing summary judgment had to identify and explain its evidence; the court would not construct the argument from the record.

“The Court will not sift through the evidence to make arguments on IPC’s behalf.”

Procedural preferences

Arguments first raised on reconsideration were not considered when they could have been presented in opposition to the original motion.

“The Court will similarly decline to consider this argument as one that Plaintiff failed to raise in opposition to Defendants’ Motion to Dismiss.”

The court enforced the removal deadline after resolving the service-date dispute and rejected an estoppel argument based on litigation conduct.

“Notice of Removal was untimely.”

Signed rulings

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

Miranda v. Utah
· 2009-05-11
Motion for attorney fees (plaintiff) Granted

“ORDERED that Plaintiffs Motion for Attorney Fees (Docket No. 224) is GRANTED.”

United States v. Jensen
· 2014-01-29
Motions to dismiss (defendant) Granted

“ORDERED that Defendant’s Motion to Dismiss Count IV of the Indictment (Docket No. 147) is GRANTED.”

Travelers Property Casualty Co. of America v. Federal Recovery Services, Inc.
· 2015-05-11
Summary judgment (defendants) Denied

“ORDERED that Defendants’ Motion for Partial Summary Judgment (Docket No. 28) is DENIED.”

Fortune v. Techtronic Industries North America
· 2015-05-11
Summary judgment (defendants) Granted

“ORDERED that Defendant’s Motion for Summary Judgment (Docket No. 20) is GRANTED.”

United States v. Peck
· 2009-04-20
Motion for reconsideration (government) Denied

“ORDERED that the government’s Motion for Reconsideration (Docket No. 352) is DENIED, subject to the conditions described above.”

United States v. Real Property at Layton
· 2011-11-15
Summary judgment (government) Granted

“ORDERED that the Government’s Motion for Summary Judgment Against Funds Seized from Home Savings Bank Account # (Redacted) 8618 in the Name of Paul Gotay of at least $381,000 (Docket No. 163) is GRANTED.”

Motions to strike (government) Granted

“ORDERED that the Government’s Motion to Strike the Claim of American First Builders (Docket No. 161) is GRANTED.”

McCartney v. United States
· 2014-07-16
Motions to dismiss (defendant St. Jude) Granted

“ORDERED that Defendant St. Jude’s Motion to Dismiss (Docket No. 8) is granted.”

SelectHealth, Inc. v. Risinger
· 2014-04-29
Motions to dismiss (defendant) Denied

“ORDERED that Defendant’s Motion to Dismiss for Lack of Personal Jurisdiction (Docket No. 13) is DENIED.”

United States v. Medina
· 2014-04-30
Motion to suppress (defendant) Denied

“ORDERED that Defendant’s Motion to Suppress (Docket No. 42) is DENIED.”

Wilkinson v. Utah
· 2012-03-15
Motions to strike (plaintiffs) Granted

“ORDERED that Plaintiffs’ Motion to Strike the Second Through Fifth Affirmative Defenses Asserted in Defendants’ Answer (Docket No. 67) is GRANTED.”

Summary judgment (plaintiffs) Granted

“ORDERED that Plaintiffs Motion for Summary Judgment (Docket No. 69) is GRANTED.”

Hogan v. Utah Telecommunication Open Infrastructure Agency
· 2012-03-08
Motions to stay (plaintiff) Denied

“ORDERED that Plaintiffs Motion to Stay Proceedings (Docket No. 47) is DENIED.”

Motion for reconsideration (plaintiff) Denied

“ORDERED that Plaintiffs Rule 54(b) Motion to Revise this Court’s Order Granting in Part and Denying in Part Defendants’ Motion to Dismiss (Docket No. 45) is DENIED.”

Motion to amend scheduling order (plaintiff) Granted

“ORDERED that Plaintiffs Motion to Amend Scheduling Order (Docket No. 56) is GRANTED.”

Hornady Manufacturing Co. v. Doubletap Ammunition, Inc.
· 2011-12-15
Summary judgment (defendant) Denied

“ORDERED that Doubletap’s Motion for Summary Judgment (Docket No. 18) is DENIED.”

Motions to stay (plaintiff) Moot / procedural

“ORDERED that Hornady’s Motion to Stay (Docket No. 28) is DENIED AS MOOT.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 357 days (N = 20).

The bounded enumeration contains 20 terminated cases filed in January and February 2009. It is a historical slice, not a career-wide caseload profile.

How long civil cases take in this court

For the whole of United States District Court for the District of Utah, not for Judge Stewart: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed1,1208.5 months
Closed with no court action3437 months
Closed before pretrial7649 months
Closed during or after pretrial3not reported
Closed during trial1059 months
12 months endingCases closedMedian time
Sep 20251,1208.5 months
Sep 20241,1419.3 months
Sep 20231,03510.6 months
Sep 20221,09212.3 months
Sep 20211,12812.7 months
Sep 202095110.4 months
Sep 20191,0859.7 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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