Walter Arthur Gordon
Judge Gordon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Gordon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Gordon treated unrebutted sworn evidence as dispositive at summary judgment when the opposing party submitted no counter-affidavits.
“The plaintiff has not seen fit to file any opposing affidavits, which are permitted under Rule 56(e) of the Federal Rules of Civil Procedure. Thus, the facts related in defendant’s affidavits shall be deemed to have been admitted.”
Gordon set aside agency action when the decisionmaker applied a criterion that the governing statute did not authorize.
“The Governor’s decision was infected by an error of law and for that reason said decision is ordered set aside.”
Procedural preferences
Gordon viewed fee shifting as reasonable indemnification, not punishment or unlimited reimbursement.
“section 541 provides for indemnification of a party; it is not a vehicle for punishing a losing litigant, nor is it a license for the unrestricted employment of legal resources”
On administrative review, Gordon expected an adequate record and warned that an agency's failure to transcribe proceedings risked remand.
“the very concept of review implies review of the totality of the proceedings”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For these reasons the motion of the defendant for summary judgment is hereby granted.”
“The petition for recovery of the premises at 26 Lindbergh Bay, No. 4A Southside Quarter, St. Thomas, will be dismissed.”
“The court holds that from the foregoing the application for a clearance order has not expired and that the defendant should have issued said clearance order because the alleged labor dispute has been resolved in Civil Action Number 5-1962 and the reason for holding the application for a clearance order in abeyance did not exist at the time the defendant refused to sign the clearance order.”
“The court concludes as a matter of law that Cleone Creque Sewer shall take her statutory share of the decedent’s estate.”
“The petition filed by the Unity Party on May 1, 1963, was invalid and should have been rejected by the Supervisor of Elections”
“I, therefore, find that Rose Marie Wheatley is a descendant of Romalia Wheatley, deceased, and that the rate of inheritance tax on her inheritance is two per cent in accordance with Title 33, Virgin Islands Code, section 1.”
“the sixteen members of the Unity Party (Mortar and Pestle) slate who were elected to the Territorial Committee shall be enjoined from acting or exercising any authority in the government of the Democratic Party of the Virgin Islands”
“the Court is of the opinion that $3,500 is ample by way of indemnification to the parties for the attorneys’ fees they have incurred in the trial of the case before this Court.”
“For the reasons stated, therefore, the demand of defendant is denied.”
“therefore will dismiss plaintiff’s complaint as not being brought within the two year limitation period”
“The motion of defendant for leave to appeal from the Order of the Municipal Court of the Virgin Islands, JDR. 126/1966, is denied”
Caseload & timing
From public federal docket records for this judge.
No assigned electronic docket was located from Gordon's pre-electronic tenure, so no caseload mix, duration, motion-outcome, or timing claim is available.
A historical record
Judge Gordon 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.