William Homer Timbers
Judge Timbers no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Timbers decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He enforced labor-arbitration relief when the remedy remained rooted in the parties' collective-bargaining agreement.
“the award was within the province of the arbitrator— ‘it draws its essence from the collective bargaining agreement’”
He read the naturalization statute's disability exemption to cover a physical condition that generally prevented learning English.
“if petitioner shows that he has a physical disability which renders him generally incapable of learning to understand the English language, he comes within the exemption set forth in the proviso.”
Cautions
He would not enforce a towage disclaimer that attempted to eliminate liability for the tower's own negligence.
“federal law is clear that public policy forbids a tower to contract away liability for its own negligent towage.”
He declined to stay parallel federal litigation merely for convenience where doing so could dilute access to federal discovery.
“Of chief importance here is the protection of plaintiff’s right to institute parallel actions in the state and federal courts in order to avail himself of the broad federal discovery proceedings.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that the motion by plaintiff Avco Corporation (Lycoming Div.) to remand this action to the Superior Court for Fairfield County be, and it hereby is, granted.”
“Ordered that defendant Minster’s motion to dismiss the second count of the complaint be, and the same hereby is, denied,”
“Ordered that the motion of defendant Ross Operating Valve Co., Inc. to dismiss the complaint against said defendant be, and the same hereby is, granted.”
“ORDERED that all proceedings herein be, and the same hereby are, stayed pending the conclusion of arbitration pursuant to paragraph 9 of the purchase order of March 7, 1968.”
“it is not necessary to reach defendant’s alternative motion for a transfer pursuant to 28 U.S.C. § 1404(a) (1964) ;”
“Ordered that plaintiff’s motion for summary judgment be, and the same hereby is, denied;”
“Ordered that defendant’s motion for summary judgment be, and the same hereby is, granted;”
“Plaintiffs’ motion for judgment is denied and the action is dismissed.”
“Accordingly, plaintiff’s motion for summary judgment is denied, but with ■leave to renew the motion at such time as answers have been filed by defendants Gulf Oil Corporation and Tire Service and Sales Incorporated or judgments by ■default have been obtained against said ■defendants.”
“They may not now intervene.”
“Since no facts are set forth in support of the claim of a defective warrant, and there is no claim of denial of the right of appearance or of an insufficient hearing at the appearance required by 18 U.S.C. § 4207, the petition is dismissed.”
“Petitioner’s motions for leave to proceed in forma pauperis, for appointment of counsel and for issuance of subpoenas are denied.”
“Accordingly, petitioner’s sixth petition in this Court for a writ of habeas corpus is denied.”
“His motions for leave to proceed in forma pauperis and for appointment of counsel likewise are denied.”
“Accordingly, defendant’s motion to dismiss is denied;”
“plaintiff’s motion to substitute defendant’s administratrix as party defendant is granted.”
“Accordingly, petitioner’s application pursuant to 28 U.S.C. § 2255 is denied.”
“Ordered that plaintiffs’ motion for summary judgment be, and the same hereby is, denied;”
“Ordered that summary judgment be, and the same hereby is, granted in favor of defendant.”
A historical record
Judge Timbers 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.