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W. Wallace Kent

United States District Court for the Western District of Michigan district Retired 1971 · served 1954–1971 Appointed by Dwight D. Eisenhower (Republican) 19 signed orders read

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

How Judge Kent decides

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

What persuades

Kent construed waivers of federal sovereign immunity narrowly.

“Statutes granting consent to sue and thereby surrendering sovereign immunity must be literally and narrowly construed.”

He treated a party's litigation analysis as protected work product when it contained opinion rather than new material facts.

“the Steele report is ‘work product’ of counsel as that term is used in the decisions”

Procedural preferences

Kent refused to strike allegations that might become material unless retaining them would unduly prejudice the opposing party.

“such matters should not be stricken unless it would be unduly prejudicial to the defendants to permit them to remain.”

He favored depositions for underlying witness information but rejected investigators' conclusions as immaterial.

“The information contained in the statements may be obtained by deposition, the conclusions of the investigators are in no way material to a disposition of this action.”

Cautions

Kent would not hear a state prisoner's federal habeas application before exhaustion of available state appellate remedies.

“the Court cannot consider the petitioner’s application for Writ of Habeas Corpus until and unless the petitioner has, by appropriate remedies, exhausted his rights before the highest appellate court of the State of Michigan.”

He confined compelled arbitration to subjects the parties placed within their contract.

“the parties’ contract requires submission to arbitration only of those matters contemplated by the contract of October 10, 1956.”

Signed rulings

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

United States v. Pomorski
Motion to dismiss indictment (defendant) Denied

“the defendant’s motion should be denied, and an order may be entered denying such motion”

Kenney v. Hatfield
Motions to dismiss (defendants) Granted

“The motions to dismiss filed by each of the defendants are granted.”

In Re Wilcox-Gay Corporation
Motion for leave to intervene (SEC) Granted

“The motions on the part of the SEC, for leave to intervene in these proceedings, for the purpose of these motions have been previously granted.”

Motion to dismiss chapter xi petitions (SEC) Denied

“The motions to dismiss the debtors’ petitions for relief under Chapter XI of the Bankruptcy Act are denied.”

Motion to dismiss chapter xi proceedings (SEC) Denied

“The motions to dismiss the Chapter XI proceedings, unless the debtors original petitions under Chapter X be reinstated, are denied.”

Grand Rapids City Coach Lines, Inc. v. Howlett
Motion for temporary injunction (plaintiff) Granted

“plaintiff may present an order for a temporary injunction as prayed for in plaintiff’s complaint.”

Shinaberry v. United States
Motions to dismiss (United States) Granted

“the motion to dismiss must be granted for the reason that the United States has not consented to be sued and the action is dismissed.”

American Fidelity & Casualty Co. v. Priebe
Indemnity claim (insurer-assignee) Granted

“judgment may enter for the plaintiff as assignee of Holland Motor Express Inc. and against the defendant for the sum of $8,000”

Schreiber v. Loew's Incorporated
Motions to dismiss (defendants) Denied

“the motions to dismiss based upon the three-year statute of limitations are denied'”

Motions to dismiss (Butterfield defendants in Civil Action No. 2164) Granted

“the action may be dismissed as to those defendants”

Motions to dismiss (Butterfield defendants in Civil Action No. 2191) Denied

“the motion by Butterfield Michigan Theatre Company and W. S. Butterfield Theatres Inc. named as defendants in Civil Action No. 2191, to dismiss the action is denied”

Motions to dismiss (Paramount Pictures Inc.) Granted

“the action is dismissed as to that defendant”

Motions to strike (defendants) Denied

“the motions to strike the allegations in plaintiffs’ complaint are denied.”

Pappas v. Buchkoe
Motion to dismiss habeas petition (respondent) Granted

“The motion to dismiss is granted.”

Wilson v. David
Motion to produce (plaintiff) Granted

“an order may be entered requiring the defendant: to produce”

Motion to produce (plaintiff) Denied

“In all other aspects the motion is denied.”

Dairy, Bakery & Food Workers Local Union No. 386 v. Grand Rapids Milk Division of National Dairy Products Corp.
Temporary restraining order (plaintiff) Moot / procedural

“the temporary restraining order heretofore entered is dissolved”

Motion for injunction (plaintiff) Denied

“plaintiff’s prayer for an injunction and for an order requiring the defendant to submit this matter to arbitration is denied.”

Motion to compel arbitration (plaintiff) Denied
Horsey v. Stone & Webster Engineering Corp.
Motion to apportion recovery expenses (plaintiff) Granted in part

“the insurer is liable for its proportionate share, 21.63% or $1,635.10”

Moore v. Buchkoe
Petition for writ of habeas corpus (petitioner) Denied

“The application for writ of habeas corpus is denied.”

Caseload & timing

From public federal docket records for this judge.

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

A historical record

Judge Kent 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.