Roby Calvin Thompson
How Judge Thompson rules, drawn from 11 signed orders. Every observation links to the order it came from.
Judge Thompson no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Thompson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a post-trial challenge, Thompson preserved a jury verdict after viewing the evidence in the prevailing plaintiff's favor and finding no basis to disturb it.
“Viewing the evidence in this light, the Court will not disturb the verdict of the jury, and judgment will be entered in favor of the plaintiff Moretz against the defendant G. E. in the sum of $35,-000.00, with interest at 6% per annum from this date.”
Procedural preferences
When virtually all witnesses and the underlying events were near Abingdon, Thompson delayed transfer until pretrial work ended but placed the trial in the more convenient division.
“The Court is of the opinion that, for the convenience of the witnesses, the litigants, and in the interest of justice, the case should be transferred from the Lynchburg Division to the Abingdon-Big Stone Gap Division for trial.”
Cautions
For diversity jurisdiction involving a partnership, Thompson looked through the entity to every partner's citizenship rather than the partnership's place of business.
“Where a partnership is a party to litigation, diversity depends upon the citizenship of each individual partner.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The motion is granted, and an order will be entered dismissing the case at the cost of the plaintiff.”
“The motion to dismiss is granted, and an order will be entered accordingly.”
“The Court is of the opinion to dismiss the complaint, and an order will be entered accordingly.”
“Therefore, the defendant’s motion to quash the process will be granted, and this case will be dismissed for want of jurisdiction.”
“I conclude that there is no diversity of citizenship in this case, and that the Court is without jurisdiction, and that the motion to dismiss for want of jurisdiction will be granted.”
“Viewing the evidence in this light, the Court will not disturb the verdict of the jury, and judgment will be entered in favor of the plaintiff Moretz against the defendant G. E. in the sum of $35,-000.00, with interest at 6% per annum from this date.”
“Applying this principle of law, G. E. cannot have contribution from Mason-Dixon.”
“Therefore, it is held that such indemnity cannot here be enforced.”
“the motion of Mason-Dixon to be dismissed as a party to this proceeding should be granted, and an order will be entered accordingly.”
“the plaintiff is therefore entitled the depletion allowance accorded to producers of dolomite by the statute, and upon an accurate calculation of the refund to which the plaintiff is entitled, judgment will be entered accordingly.”
“An order will be entered denying defendant’s motion to dismiss this action.”
“a judgment will be entered for the plaintiff against the defendant for the sum of $13,000 and costs.”
“The Court is of the opinion that under all the facts in this case, the Partnership had an economic interest in the coal in place which entitles it to the claimed depletion allowance, and an order will be entered accordingly.”
“The order of the Referee holding that the purchaser was entitled to the furniture in the truck and ordering the bond of May Company cancelled is hereby reversed, and an order will be entered requiring May Company or its surety to pay to the Trustee in Bankruptcy the sum of $5,849.78, the amount of the bonds executed by May Company when it took possession of the furniture.”
“an order will be entered directing the Trustee to charge the amount of the laborers’ liens to the fund realized from the sale of the property on which RFC had a lien, and ordering that no part of the laborers’ liens be charged to the funds realized from the sale of the property on which Textile had its lien.”
“The Trustee should transfer the said sum of $1,-600 from the ‘furniture account’ to the Trustee’s ‘general account’.”
“The Trustee will pay to Textile from the ‘furniture account’ the sum of $6,-408.50, being the balance due it.”
“Kramer’s motion to quash the process and dismiss the complaint should be denied.”
“The Court is of the opinion that the complaint should be dismissed as to the United Mine Workers of America Welfare and Retirement Fund, and it will be so ordered.”
“The motion to dismiss will be denied.”
“The Court is of the opinion that, for the convenience of the witnesses, the litigants, and in the interest of justice, the case should be transferred from the Lynchburg Division to the Abingdon-Big Stone Gap Division for trial.”
Caseload & timing
From public federal docket records for this judge.
The reviewed decisions predate representative electronic case-level dockets. The profile therefore makes no claim about complete caseload mix, case duration, administrative dispositions, or motion timing.
A historical record
Judge Thompson 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.