Charles Nelson Clevert Jr.

How Judge Clevert rules, drawn from 18 signed orders. Every observation links to the order it came from.

Judge Clevert no longer sits on this court. This profile is preserved as a historical record of how they ruled here.

Court
U.S. District Court for the Eastern District of Wisconsin
Position
District judge
Status
Retired 2017
Served
1996–2017
Appointed by
Bill Clinton (Democratic)
Commissioned
July 29, 1996
ABA rating
Well Qualified
Education
B.A., Davis & Elkins College (1969); J.D., Georgetown University Law Center (1972)
Signed orders read
18

About Judge Clevert

Charles N. Clevert, Jr. was a judge of the United States District Court for the Eastern District of Wisconsin. Appointed by President William J. Clinton, Judge Clevert received a commission on July 29, 1996. Judge Clevert assumed senior status on October 31, 2012 and retired on March 31, 2017.

How Judge Clevert decides

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

What persuades

In WeR1, Clevert denied both summary-judgment motions because the evidence about the online FTP agreement, including the missing saved copy, left a jury question.

“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 the IBEW grievance dispute, Clevert held that NextEra had not shown the parties had excluded the claims from arbitration and ordered arbitration.

“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

In Emirat, Clevert held that the purchaser’s tort claim against the subcontractor was barred by the economic-loss doctrine.

“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.”

In Armes, Clevert denied both summary-judgment motions because a jury could find either reckless disregard or mere carelessness on the statutory-willfulness issue.

“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.

Securities & Exchange Commission v. Bauer
2:03-cv-01427 · 2014-08-29
Summary judgment (defendant) Granted

“IT IS ORDERED that defendant Jilaine Bauer’s motion for summary judgment is granted.”

Patterson v. Homecomings Financial LLC
· 2010-03-24
Motions to dismiss (defendant) Denied

“IT IS ORDERED that Homecomings’ motion to dismiss (Doc. 7) is denied.”

Motions to stay (defendant) Moot / procedural

“IT IS FURTHER ORDERED that Homecomings’ motion to stay pending ruling on the motion to dismiss (Doc. 14) is denied as moot.”

WeR1 World Network v. CyberLynk Network, Inc.
2:11-cv-00901 · 2014-10-31
Summary judgment (defendant) Denied

“For these reasons, CyberLynk’s motion for summary judgment (Doc. 84) and WeR1's motion for partial summary judgment (Doc. 86) have been denied.”

Summary judgment (plaintiff) Denied
Emirat AG v. High Point Printing LLC
2:12-cv-00789 · 2017-03-29
Summary judgment (plaintiff) 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.”

Summary judgment (defendant) Granted
International Brotherhood of Electrical Workers Local Union 2150 v. NextEra Energy Point Beach LLC
2:13-cv-00724 · 2016-11-30
Summary judgment (defendant) Denied

“NextEra’s motion for summary judgment (Doc. 28) is denied”

Summary judgment (plaintiff) Granted

“IBEW’s motion for summary judgment (Doc. 29) is granted.”

Smith v. Encore Capital Group Inc.
2:12-cv-00859 · 2013-08-23
Motions to dismiss (defendant) Granted in part

“ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS (DOC. 20)”

Green Valley Investment LLC v. County of Winnebago
· 2011-07-15
Summary judgment (defendant) Granted in part

“IT IS ORDERED that Winnebago County’s motion for summary judgment is granted in part and denied in part.”

Roath v. United States
2:10-cv-00228 · 2011-12-30
Judgment on the pleadings (defendant) Granted in part

“DECISION AND ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S 12(c) MOTION FOR JUDGMENT ON THE PLEADINGS (DOC. 10)”

Best Wood Judge Firewood & Tree Service v. United States Department of Transportation
· 2011-03-25
Summary judgment (plaintiff) Denied

“DECISION AND ORDER DENYING PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT (DOC. #26), GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (DOC. # 32) AND DISMISSING CASE”

Summary judgment (defendant) Granted
Armes v. Sogro, Inc.
2:08-cv-00244 · 2013-03-18
Summary judgment (defendant) Denied

“IT IS ORDERED Sogro’s motion for summary judgment (Doc. 69) and Armes’s motion for summary judgment (Doc. 79) are both denied.”

Summary judgment (plaintiff) Denied
Doe v. St. Francis School District
2:09-cv-00545 · 2011-12-05
Summary judgment (defendant) Granted

“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.”

Summary judgment (defendant) Granted
Edgewood Manor Apartment Homes LLC v. RSUI Indemnity Co.
2:08-cv-00920 · 2011-03-23
Summary judgment (plaintiff) Denied

“IT IS ORDERED that plaintiffs’ motion for summary judgment (Doc. 11) is denied.”

Summary judgment (defendant) Granted in part

“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.

Pending matters in the official report

Judge Clevert was last listed in the Civil Justice Reform Act report as of September 30, 2020.

Motions pending more than six months0
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

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.

A historical record

Judge Clevert no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.