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Rodney Scott Webb

United States District Court for the District of North Dakota district Retired 2009 · served 1987–2009 Appointed by Ronald Reagan (Republican) 19 signed orders read

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

How Judge Webb decides

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

What persuades

Webb required a summary-judgment movant to establish entitlement with clarity and leave no genuine controversy.

“Summary judgment ‘should not be granted unless the moving party has established the right to a judgment with such clarity as to leave no room for controversy.’”

He accepted pleaded facts as true when deciding whether a complaint stated a claim, including allegations that could invalidate a release.

“For purposes of this motion, the Court must accept the plaintiffs allegations as true.”

Procedural preferences

Webb construed removal authority strictly and would not extend it to tribal courts without express congressional authorization.

“Removal is a procedure created by statute. In the absence of statutory authority, there is no right to remove.”

He generally deferred broad evidentiary exclusions until trial supplied the context needed to assess admissibility.

“Thus, this Court is generally skeptical of broad motions in limine.”

Cautions

Webb declined to create state law when the legislature had not invalidated the contractual forum-selection clause.

“This Court is wary of creating state law when the legislature could have done so in the first instance; this Court, sitting in diversity, has a duty ‘to interpret state law, not to fashion it.’”

He left witness credibility to the jury rather than using a post-verdict acquittal motion to reweigh testimony.

“Because the determination of witness credibility is within the province of the jury, ‘[a] trial court has neither the duty nor the authority to grant a motion for acquittal based on the credibility of a witness.’”

Signed rulings

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

Johnson v. Marciniak
231 F. Supp. 2d 958 · 2002-11-22
Summary judgment (Grinnell Mutual Reinsurance Company) Granted

“Summary judgment should be GRANTED in favor of Grinnell Mutual (doc. # 56), and DENIED for Johnson (doc. # 53).”

Summary judgment (Jeremy and Kim Johnson) Denied
Haley v. AIG Life Insurance
229 F. Supp. 2d 957 · 2002-09-23
Summary judgment (AIG Life Insurance Company) Granted

“For the above mentioned reasons, AIG’s motion for summary judgment on its cross-claim against AIG is GRANTED (doc. # 72). Conseco’s cross-claim against AIG is DISMISSED (doc. # 5).”

Kirkeby v. Furness
905 F. Supp. 727 · 1995-09-29
Motion for attorney fees (plaintiffs) Denied

“THEREFORE, at the present time, the application for an award of attorney’s fee is DENIED.”

Anderson v. Abraham
214 F. Supp. 2d 1036 · 2002-06-25
Summary judgment (federal defendant in A3-02-21) Granted

“Defendant’s motion for summary judgment in each of the above-captioned cases are GRANTED (doc. # 13 in A3-02-21; doc. # 18 in A3-01-101). Therefore, the eases are ORDERED DISMISSED.”

Summary judgment (federal defendant in A3-01-101) Granted
DeCoteau v. Sentry Insurance
915 F. Supp. 155 · 1996-02-12
Motions to remand (plaintiff) Granted

“THEREFORE, plaintiffs Motion to Remand Removed Action (doe. # 5) is GRANTED.”

Gjerswold v. American Linen Supply Co.
951 F. Supp. 905 · 1997-01-28
Summary judgment (American Linen Supply Company) Denied

“For the reasons stated above, defendant American Linen Supply Company’s motion *908for summary judgment (docket # 137) is DENIED.”

Simundson v. United Coastal Insurance Co.
951 F. Supp. 165 · 1997-01-13
Summary judgment (United Coastal Insurance Company) Granted

“Defendant United Coastal’s motion for summary judgment (doc. # 19) is hereby GRANTED, and plaintiffs cross-motion for summary judgment (doc. # 22) is DENIED. Plaintiffs cause of action against United Coastal is hereby DISMISSED.”

Summary judgment (plaintiff) Denied
Lusby v. Burlington Northern & Santa Fe Railway Co.
149 F. Supp. 2d 905 · 2000-08-21
Motions to dismiss (Burlington Northern and Santa Fe Railway Company) Denied

“Therefore, IT IS ORDERED that defendant’s motion to dismiss is DENIED.”

Brookins v. Wissota Promoters Associates, Inc.
142 F. Supp. 2d 1149 · 2000-03-21
Preliminary injunction (plaintiffs) Denied

“Therefore, IT IS HEREBY ORDERED that the motion is DENIED.”

Grzeskowiak v. Dakota Bridge Builders
241 F. Supp. 2d 1062 · 2003-01-17
Motions to dismiss (Dakota Bridge Builders and Gary Reveling) Granted

“Defendant’s motion to dismiss is GRANTED (doc. # 6). Plaintiffs motions for default judgment and summary judgment are DENIED AS MOOT (doc. # 12, # 13). Plaintiffs cause of action is DISMISSED WITH PREJUDICE.”

Default judgment (plaintiff) Moot / procedural
Summary judgment (plaintiff) Moot / procedural
KaeRen Accommodations, Inc. v. Country Hospitality Corp.
243 F. Supp. 2d 993 · 2002-12-10
Motions to dismiss (Country Hospitality Corporation) Granted

“CHC’s motion to dismiss is GRANTED. (Doc. # 9.) Accordingly, IT IS ORDERED that this action be DISMISSED WITHOUT PREJUDICE.”

Eberts v. Kawasaki Motors Corp., U.S.A.
306 F. Supp. 2d 890 · 2004-03-02
Summary judgment (Kawasaki defendants) Denied

“The defendants’ Motion for Partial Summary Judgment to Dismiss Plaintiffs Warnings Claim is DENIED (doc. # 86).”

Caseload & timing

From public federal docket records for this judge.

The nineteen reviewed decisions cover varied litigation but do not establish the distribution of Webb’s full caseload.

A historical record

Judge Webb 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.