Robert E. Payne

How Judge Payne rules, drawn from 14 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Eastern District of Virginia
Position
District judge
Status
Senior status
Appointed by
George H. W. Bush (Republican)
Commissioned
May 13, 1992
Education
Washington and Lee University, B.A. (1963); Washington and Lee University School of Law, J.D. (1967)
Signed orders read
14

About Judge Payne

Robert E. Payne is a judge of the United States District Court for the Eastern District of Virginia. Appointed by President George H.W. Bush, Judge Payne received a commission on May 13, 1992. Judge Payne assumed senior status on May 7, 2007.

Judge Payne's practices and standing orders

The court's website lists no individual practices or standing orders of Judge Payne's own (checked October 9, 2026), so the court's local rules and general orders are the place to look (court page ↗).

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 Payne decides

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

What persuades

In a state consumer protection enforcement case, he rejected defendants’ request to compel the Commonwealth to arbitrate under consumers’ contracts because the Commonwealth was not party to those agreements.

“there is no contract between Waller and Klink and the Commonwealth. Therefore, there is no arbitration agreement and no agreement for the arbitrator to decide arbitrability.”

In an insurance coverage case, he realigned insured defendants with the claimants based on their shared interest in coverage and denied remand after the realignment preserved diversity jurisdiction.

“Because the Insured Defendants' interests are most properly aligned with the Plaintiffs in this case, the MOTION TO REALIGN (ECF No. 6) will be GRANTED. As a result, the MOTION TO REMAND (ECF No. 12) will be DENIED.”

In the federal challenge to Virginia’s in-state tuition rules, he granted the Commonwealth summary judgment after concluding that the Tuition Equity Pathway was not based on residence and did not conflict with the federal restriction.

“Because the Tuition Equity Pathway is not based on residence, it is not preempted.”

Procedural preferences

In Soutter v. Equifax Information Services LLC, he granted in part the plaintiff's motion to strike a defense declaration offered in a class-certification dispute. The declarant had admitted that he lacked personal knowledge and had signed a lawyer-prepared document without knowing its contents.

“in his deposition Johnson admitted that he did not have personal knowledge of the matters recited in the affidavit. In fact, he merely signed a document that an unknown lawyer for LexisNexis prepared and delivered to him for signature.”

In Benedict v. Hankook Tire Co., he denied the manufacturers' post-trial motion to seal exhibits, transcripts, and part of a jury instruction. He applied the presumption of public access to trial materials and found the earlier protective order insufficient to justify sealing them.

“HANKOOK TIRE COMPANY LIMITED'S AND HANKOOK TIRE AMERICA COMPANY'S MOTION TO SEAL CONFIDENTIAL EXHIBITS, TRIAL TRANSCRIPTS, AND JURY INSTRUCTION (ECF No. 433). For the following reasons, the motion will be denied.”

In Soutter v. Equifax Information Services LLC, he explained that renewed class certification required a rigorous review of the Rule 23(a) and 23(b) evidence. The same opinion partly struck a defense declaration whose signer lacked personal knowledge.

“whether to permit certification requires a rigorous analysis of the evidence to determine whether all four class requirements set by Fed.R.Civ.P. 23(a) (numerosity, commonality, typicality and adequate representation) are satisfied, and whether the requirements of Rule 23(b) are satisfied.”

In Dolan v. Ford Motor Company, he partly denied Ford’s request to preserve confidentiality labels after finding its broad designations lacked specific evidence of competitive harm, and he ordered a fresh review of the labels.

“Ford has overused the privilege of confidential designation permitted by the Protective Order.”

Signed rulings

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

Smithfield Foods, Inc. v. United Food & Commercial Workers International Union
· 2008-10-14
Motion in limine (defendant) Denied

“part of the motion in limine, here at issue seeks to exclude evidence of ‘other corporate campaigns’ conducted by the Defendants. For the reasons set forth below, the motion will be denied.”

Soutter v. Equifax Information Services LLC
· 2014-04-08
Motions to strike (plaintiff) Granted in part

“PLAINTIFF'S MOTION TO STRIKE THE MARK JOHNSON DECLARATIONS (Docket No. 156) will be granted in part and, in part, denied as moot.”

Milbourne v. JRK Residential America, LLC
· 2015-03-11
Summary judgment (defendant) Denied

“This matter is before the Court on the DEFENDANT'S MOTION FOR SUMMARY JUDGMENT (Docket No. 47), the Plaintiffs response (Docket No. 53) and the reply (Docket No. 57). For the reasons set forth below, the motion will be denied.”

Lee v. City of Richmond
· 2015-03-18
Summary judgment (defendant) Granted

“For the foregoing reasons, DEFENDANT TODD BEVINGTON’S RENEWED MOTION FOR SUMMARY JUDGMENT (Docket No. 180) will be granted.”

Ryals v. Strategic Screening Solutions, Inc.
· 2015-07-30
Motions to dismiss (defendant) Denied

“This case is before the Court on the Defendants' MOTION TO DISMISS FIRST AMENDED CLASS ACTION COMPLAINT PURSUANT TO RULE 12(b)(1) (Docket No. 23). For the reasons set forth below, this motion will be denied.”

Thomas v. FTS USA, LLC
· 2016-06-30
Summary judgment (defendant) Denied

“This matter is before' the Court on DEFENDANTS' SECOND MOTION FOR SUMMARY JUDGMENT (ECF No. 156). For the reasons set forth herein, the motion will be denied.”

Steves & Sons, Inc. v. Jeld-Wen, Inc.
· 2018-02-09
Summary judgment (defendant) Denied

“the motion was denied, except on the issue of future lost profits damages under Count One, as to which the Court ordered further briefing.”

Benedict v. Hankook Tire Co.
· 2018-06-14
Motion to seal (defendant) Denied

“HANKOOK TIRE COMPANY LIMITED'S AND HANKOOK TIRE AMERICA COMPANY'S MOTION TO SEAL CONFIDENTIAL EXHIBITS, TRIAL TRANSCRIPTS, AND JURY INSTRUCTION (ECF No. 433). For the following reasons, the motion will be denied.”

Dragulescu v. Virginia Union University
· 2017-05-15
Summary judgment (defendant) Granted in part

“By the ORDER of May 11, 2017 (ECF No. 149), the Defendant's Motion was granted in part and denied in part. The reasons for that Order are set forth below.”

Entzminger v. Lexington Insurance Company
3:25-cv-00878 · 2026-05-26
Motion to realign parties (defendant) Granted

“Because the Insured Defendants' interests are most properly aligned with the Plaintiffs in this case, the MOTION TO REALIGN (ECF No. 6) will be GRANTED. As a result, the MOTION TO REMAND (ECF No. 12) will be DENIED.”

Motions to remand (plaintiff) Denied
Henderson v. Belcher
3:25-cv-01027 · 2026-08-10
Motions to dismiss (defendant) Granted

“For the foregoing reasons, the Defendants' Motion to Dismiss (ECF No. 26) was granted by ORDER (ECF No. 61). In turn, the Court dismissed COUNTS I through IV (the federal claims) with prejudice. and COUNT V (the state law gross negligence claim) without prejudice.”

Commonwealth of Virginia v. Waller
3:26-cv-00039 · 2026-05-28
Motion to compel arbitration (defendant) Denied

“In sum. there is no contract between Waller and Klink and the Commonwealth. Therefore, there is no arbitration agreement and no agreement for the arbitrator to decide arbitrability. Therefore, the MOTION will be DENIED. It is so ORDERED.”

Caseload & timing

From public federal docket records for this judge.

The sampled Richmond docket includes consumer-protection and credit-reporting suits, Social Security appeals, prisoner civil-rights and habeas petitions, insurance and commercial disputes, and larger antitrust or products cases. This is a qualitative description of the reviewed cases, not a counted population distribution.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months1
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years0
ReportMotions over six monthsCases over three years
Mar 202610
Sep 202500
Mar 202501
Sep 202401
Mar 2024102
Sep 202312
Mar 202362
Sep 2022101
Mar 202211
Sep 202110
Mar 202101
Sep 202072

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Eastern District of Virginia, not for Judge Payne: 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 closed3,0115.6 months
Closed with no court action1,2045 months
Closed before pretrial1,2994.9 months
Closed during or after pretrial4938.9 months
Closed during trial1519.3 months
12 months endingCases closedMedian time
Sep 20253,0115.6 months
Sep 20242,6135.3 months
Sep 20232,1946.5 months
Sep 20222,1346.8 months
Sep 20212,1526.5 months
Sep 20201,8606 months
Sep 20192,2675.9 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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