Martin Pence
Judge Pence no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Pence decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Pence favored equitable statutory construction when a literal limitations rule would defeat a later-arising contribution right.
“The non-liability statute being a statute of limitations and therefore to be narrowly construed, must stand aside for the more equitable remedies of the Act.”
He treated materially inconsistent agency treatment of similar parties as arbitrary.
“There may not be a rule for Monday, another for Tuesday, a rule for general application, but denied outright in a specific case.”
Procedural preferences
A reconsideration request had to identify a valid reason to revisit the ruling and then justify changing it.
“A motion for reconsideration must do two things. First, it must demonstrate some reason why the court should reconsider its prior decision. Second, it must convince the court to reverse its prior decision.”
When disclosure implicated named individuals and financial information, he expressly balanced privacy against the public interest.
“This language makes it clear that when a balance must be struck between the competing interests of the privacy of individual citizens and the public’s right to knowledge concerning agency action, that balance clearly weighs in favor of the protection of privacy through withholding of the information regarding specific individuals.”
Cautions
He rejected reconsideration as a vehicle for legal theories that could have been raised before judgment.
“A motion for reconsideration is an improper vehicle to tender new legal theories not raised in opposition to summary judgment.”
He viewed sanctions authority as protecting the judicial process from abusive filings, even when the lawyer had sought bankruptcy protection.
“The interest of the governmental unit, here the Federal judiciary branch, is to keep the stream of federal litigation free from unnecessary and abusive legal obstructions.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants’ motion to dismiss the complaint for lack of jurisdiction is granted.”
“It is herewith ordered that defendant’s motion for summary judgment is granted insofar as it covers plaintiffs who have not identified any transactions, or have identified purchases only from named defendants with whom plaintiffs have heretofore settled.”
“The County of Kauai’s motion to dismiss is denied.”
“Accordingly, let judgment for the Defendant be entered.”
“This court therefore vacates, annuls, and sets aside the Decision and Order of the Interstate Commerce Commission and remands this case for such further proceedings, including the taking of further evidence if necessary, as the Commission may deem necessary for its subsequent Decision and Order, in the light of our instant ruling.”
“TELCO’s prayer for a preliminary injunction is granted.”
“Plaintiff’s motion for summary judgment on the issue of whether or no Holland was a seaman is DENIED.”
“IT IS THEREFORE ORDERED that defendants’ motion to dismiss for lack of ripeness is GRANTED.”
“The Motions to Dissolve the Injunction and Decree are hereby GRANTED.”
“Therefore, IT IS HEREBY ORDERED that Sovereign’s Motion for Summary Judgment under Rule 56 of the Federal Rules of Civil Procedure is GRANTED.”
“Plaintiff’s Petition for Writ of Habeas Corpus is hereby GRANTED.”
“It is ORDERED that Smith’s motion to remand be, and it hereby is, DENIED.”
Caseload & timing
From public federal docket records for this judge.
The available assigned-case metadata is dominated by bankruptcy appeals from the early 1990s and does not establish the distribution of Pence’s full career caseload.
A historical record
Judge Pence 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.