Scott P. Klosterman
How Judge Klosterman rules, drawn from 5 signed orders. Every observation links to the order it came from.
How Judge Klosterman decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Compels arbitration when the complaint itself shows that an authorized agent necessarily accepted the governing software license to perform the assigned work.
“Christensen had the implied authority to agree to the QB728 license agreement and the arbitration clause contained therein. Accordingly, this Court finds Plaintiff is bound by the arbitration clause set forth in the terms and conditions of the QB728 license agreement.”
Procedural preferences
Treats attacks on an expert's assumptions and data selection as matters for cross-examination when the opinion has a sufficiently reliable basis under Rule 702.
“Defendants’ concerns with respect to the methodology, evidence, and data relied upon and not relied upon, go to the weight of the evidence, not admissibility.”
Generally stays discovery when a dispositive motion asserts qualified immunity unless the opposing party establishes a concrete reason to depart from that practice.
“This Court’s general practice in such matters is to stay all discovery when a defendant asserts qualified immunity”
Cautions
Denies a late pleading amendment when the movant knew or should have known the new theory earlier and cannot adequately explain the delay.
“the record clearly shows that Plaintiffs knew or should have known the basis for the amendment they now seek but failed to include such a theory in their Complaint and failed to seek amendment in a timely fashion thereafter.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based upon the preceding, the Court finds Mr. Lappen has met the requirements of Federal Rule of Civil Procedure 26(a)(2)(B) and Federal Rule of Evidence 702. Therefore, Defendants’ Motion (ECF No. 59) is DENIED.”
“Based upon the preceding, the Court finds that Rule 15(b)(1) is an inappropriate vehicle to amend the Complaint, Defendants did not expressly or impliedly consent to amendment under Rule 15(b)(2), and Plaintiffs have not provided an adequate explanation for their untimely Motion under Rule 15(a). Therefore, Plaintiffs’ Motion (ECF No. 82) is hereby DENIED.”
“THEREFORE, IT IS ORDERED Defendant’s Motion to Compel Arbitration is GRANTED. IT IS FURTHER ORDERED that Plaintiff and Defendant shall arbitrate in accordance with the arbitration agreement attached to Defendant’s Motion as Exhibit 2.”
“Based upon the preceding, Defendant’s Motion is GRANTED. Therefore, IT IS HEREBY ORDERED that all discovery in this matter is STAYED pending the resolution of Defendant’s Motion for Judgment on the Pleadings Pursuant to Rule 12(c) (ECF No. 26).”
“Based upon the preceding, Defendants’ Motion is HEREBY GRANTED IN PART and DENIED IN PART.”
Caseload & timing
From public federal docket records for this judge.
The sampled portfolio combines civil referral work, consent matters, directly assigned civil cases, a Rule 5 transfer matter, and petty-offense citations. Six sampled matters were terminated and three remained pending. Short petty-offense and Rule 5 durations should not be compared with contested civil litigation.
Draft for Judge Klosterman with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Klosterman, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Klosterman's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace