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Noel Peter Fox

United States District Court for the Western District of Michigan district Retired 1987 · served 1962–1987 Appointed by John F. Kennedy (Democratic) 22 signed orders read

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

How Judge Fox decides

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

What persuades

Fox treated Rule 36 admissions as a practical narrowing device rather than enforcing unstable fact-opinion labels.

“Rule 36 does not call for an application of the fact-opinion and fact-law distinctions.”

He preserved attorney-client privilege where cited statements did not reveal the substance of protected communications.

“because neither the oath nor the statements disclose any of the contents of the privileged communications”

Procedural preferences

Fox enforced Rule 1 against dilatory pleading tactics and required prompt answers to clear complaints.

“This motion is patently dilatory; such practice should be discouraged.”

He treated unreasonable delay in seeking costs as inconsistent with the just and speedy end of litigation.

“There is a point in time when litigation must come to an end.”

Cautions

Fox required state prisoners to exhaust available state remedies before federal habeas review.

“the petitioner has not exhausted his remedies in the state courts of Michigan.”

He would not revive a jury demand where later amendments left the real character of the suit unchanged.

“having failed to do this, defendant cannot now resurrect a right which has long since passed away.”

Signed rulings

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

Van Wolvlear v. Famous Name Shoes, Inc.
Motions to dismiss (defendants) Denied

“An order dismissing the motions may be prepared pursuant to this opinion.”

Allen v. Hoffius
Motion to proceed in forma pauperis (plaintiff) Denied

“Richard Allen’s petition to proceed in forma pauperis in the instant case is hereby denied.”

Civil rights claim (plaintiff) Denied

“the action is dismissed.”

Herron v. Birzgalis
Petition for writ of habeas corpus (petitioner) Denied

“this court denies John Mai*k Herron’s petition on the grounds that the petitioner has not exhausted his remedies in the state courts of Michigan.”

Sherman v. United States
Motions to transfer (United States) Granted

“grants the motion to transfer this cause to the Eastern District of Wisconsin”

Owen v. Illinois Baking Corporation
Motion to set aside judgment (defendant) Denied

“The motion to set aside the judgment in favor of Irene Owen in Civil Action 4619 is hereby denied.”

Schenk v. Packaging Corp.
Motions to dismiss (Packaging Corporation) Granted

“the motion of defendant Packaging Corporation should be and hereby is granted, and Packaging Corporation is dismissed from this suit.”

Schiff v. Hannah
Motion for temporary injunction (plaintiff) Denied

“the motion for a temporary injunction is denied, again without prejudice to renewal of such application at a later stage of these proceedings.”

Chore-Time Equipment, Inc. v. Big Dutchman, Inc.
Motion to compel production (defendant) Denied

“defendant’s motion is denied.”

Michigan Public Service Commission v. Mackinac Transportation Co.
Motion for attorneys fees (petitioner) Denied

“petitioner’s motion for attorney fees is hereby denied.”

Sleeman v. Chesapeake & Ohio Railroad
Demand for jury trial (defendant) Denied

“Defendant’s demand for a jury is denied.”

Lott v. Bronkema
Civil rights claim (plaintiffs) Denied

“plaintiff’s complaints in Civil Actions No. 5410, 5463 and 5498, be and the same are hereby dismissed.”

Brown Brothers Equipment Co. v. State
Motions to dismiss (defendants) Granted

“Defendants’ motion to dismiss the above entitled action is hereby granted.”

Caseload & timing

From public federal docket records for this judge.

No case-level docket record was returned for Fox's tenure. The profile therefore makes no claim about his complete caseload mix, case duration, administrative dispositions, or motion timing.

A historical record

Judge Fox 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.