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James Robertson

U.S. District Court for the District of Columbia district Deceased · served 1994–2010 Appointed by William J. Clinton (Democratic) 20 signed orders read

Judge Robertson no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Robertson decides

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

What persuades

He accepted an agency records search when detailed declarations showed that the search reasonably tracked the request as written.

“The two Nelson declarations demonstrate that the search — for what JMP asked for — was reasonable.”

He used an injunction to set enforceable compliance goals while leaving technical implementation choices to the agency.

“But this Court does have the expertise and the authority to create goals and to hold the government to those goals.”

He found a strong likelihood of success sufficient to support preliminary relief despite a comparatively weak showing of irreparable injury.

“If an agency could avoid notice and comment merely by deleting one definitive interpretation before adopting a second, inconsistent one, the requirement would be meaningless.”

Cautions

He distinguished among categories of affected third parties when balancing privacy against the public interest in disclosure.

“the public interest in ‘what the government is up to’ outweighs the privacy interests of persons who have been convicted of crimes or have entered public guilty pleas”

He declined additional discovery where the missing proof concerned causation and damages already within the plaintiffs' own knowledge.

“No further discovery has been sought on causation and damages, which are of course for plaintiffs to prove with facts within their own provenance.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Jackson v. Ponds
· 2008-01-25

On initial screening, he wrote: “The Court will dismiss this civil action without prejudice.”

Creosote Council v. Johnson
· 2008-05-15
Preliminary injunction (plaintiffs) Granted

“plaintiffs’ motion for a preliminary injunction will be granted.”

Hamdan v. Gates
· 2008-07-18
Preliminary injunction (Hamdan) Denied

“The motion for preliminary injunction, [Dkt. # 92], is denied.”

National Postal Mail Handlers Union v. American Postal Workers Union
· 2008-09-29
Summary judgment (American Postal Workers Union) Granted

“PWU’s motion for summary judgment [# 24] is granted by the order that accompanies this memorandum.”

Summary judgment (National Postal Mail Handlers Union) Denied

“There are no grounds on which to vacate the arbitrator’s award.”

Summary judgment (United States Postal Service) Denied
American Council of the Blind v. Paulson
· 2008-10-03
Motion for injunction (plaintiffs) Granted

“The injunction is granted by the order that accompanies this memorandum.”

James Madison Project v. Central Intelligence Agency
· 2009-01-06
Motions to dismiss (Central Intelligence Agency) Granted

“The CIA’s motion to dismiss JMP’s amended complaint will be granted.”

Clark v. Executive Office of United States Attorneys
· 2009-03-04
Summary judgment (defendants) Granted

“Dkt. # 47, will be granted in an order that accompanies this memorandum.”

Herrick v. U.S. Customs and Border Protection
· 2009-03-04
Summary judgment (defendants) Granted

“the defendants’ motion for summary judgment, Dkt. # 5, will be granted, and the plaintiffs cross motion for summary judgment, Dkt. # 7, will be denied”

Summary judgment (plaintiff) Denied
Pragovich v. United States
· 2009-03-17
Motions to dismiss (United States) Granted

“the government’s motion to dismiss will be granted.”

Gresham v. District of Columbia
· 2009-08-03
Summary judgment (District of Columbia) Granted

“The District’s motion will therefore be granted as to the First Amended claim”

Nikelsberg v. Federal Deposit Insurance Corporation
· 2009-08-06
Summary judgment (Federal Deposit Insurance Corporation) Granted

“Because the information requested falls under the exceptions to FOIA found in 5 U.S.C. §§ 552(b)(4) and (b)(6), defendant’s motion will be granted.”

Mississippi State Conference NAACP v. U.S. Department of Housing and Urban Development
· 2010-01-08
Motions to dismiss (Secretary of Housing and Urban Development) Granted

“Because plaintiffs lack Article III standing, however, their complaint must be dismissed.”

A historical record

Judge Robertson 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.