Charles Nelson Clevert Jr.
Judge Clevert no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Clevert decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
When contract formation turns on what terms were displayed online, Clevert treats conflicting testimony and the provider's inability to produce the operative agreement as trial-worthy evidence rather than resolving credibility on summary judgment.
“That CyberLynk cannot produce a saved or hard copy of the FTP Agreement as it may have existed in April 2008 confirms the existence of a jury question.”
In labor-arbitration disputes, Clevert applies the presumption of arbitrability unless the agreement supplies forceful evidence that the parties intentionally excluded the issue.
“Because NextEra cannot provide positive assurance through forceful evidence that the issues IBEW brought forward through the grievance process were intentionally excluded from arbitration in negotiating the 2010-2013 Blue Book, this court finds that NextEra is required to arbitrate the Walker and Engelbrecht grievances.”
A bankruptcy-stay complaint can proceed when the pleaded facts plausibly show that a creditor collected more than the amount approved through the bankruptcy process.
“But Homecomings required more, and this court finds that the Pattersons have alleged a plausible claim that the automatic stay was violated.”
Procedural preferences
Clevert enforces the economic-loss boundary between contract and tort when a purchaser seeks only commercial losses from a subcontractor.
“Allowing Emirat to sue WS Packaging in tort would undermine the distinction between contract law and tort law and violate the economic loss doctrine.”
Cautions
A removing party should establish unanimity or a valid exception; Clevert remanded when the defendants did not prove that all required parties joined removal.
“Because they have not shown that Bunchuk properly joined the Notice of Removal or that joinder was unnecessary, they have failed to meet their burden.”
Clevert will send statutory-willfulness questions to a jury when the record supports both reckless disregard and mere carelessness.
“Moreover, even if Solus did receive some of the notices and publications discussing truncation, a reasonable jury could find that he was merely careless and did not act recklessly”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that defendant Jilaine Bauer’s motion for summary judgment is granted.”
“IT IS ORDERED that Homecomings’ motion to dismiss (Doc. 7) is denied.”
“IT IS FURTHER ORDERED that Homecomings’ motion to stay pending ruling on the motion to dismiss (Doc. 14) is denied as moot.”
“For these reasons, CyberLynk’s motion for summary judgment (Doc. 84) and WeRl’s motion for partial summary judgment (Doc. 86) have been denied.”
“IT IS ORDERED that Emirat’s motion for partial summary judgment (Doc. 71) is denied and WS Packaging’s motion .for summary judgment (Doc. 68) is granted.”
“IT IS ORDERED that NextEra’s motion for summary judgment (Doc. 28) is denied and IBEW’s motion for summary judgment (Doc. 29) is granted.”
“ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS (DOC. 20)”
“IT IS ORDERED that Winnebago County’s motion for summary judgment is granted in part and denied in part.”
“DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S 12(c) MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 10)”
“DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (DOC. #26), GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DOC. # 32) AND DISMISSING CASE”
“IT IS ORDERED Sogro’s motion for summary judgment (Doc. 69) and Armes’s motion for summary judgment (Doc. 79) are both denied.”
“On September 30, 2011, this court granted two motions for summary judgment filed by the St. Francis School District and Community Insurance Corporation (‘CIC’) seeking dismissal of the plaintiffs’ remaining claims against St. Francis and CIC, and Kelly Sweet’s indemnification cross-claim against CIC.”
“IT IS ORDERED that plaintiffs’ motion for summary judgment (Doc. 11) is denied.”
“IT IS ORDERED that RSUI’s motion for summary judgment (Doc. 38) is granted as to code upgrade amounts and all remaining bad faith or extra-contractual damages but denied as to the claim for repair and replacement costs.”
Caseload & timing
From public federal docket records for this judge.
The reviewed case-level cohort shows a broad civil docket, but it consists of the oldest available January 2009 assignments and is not a complete caseload census.
A historical record
Judge Clevert 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.