Billy Michael Burrage
Judge Burrage no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Burrage decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
For federal-employee substitution, he placed the burden on the person seeking the protection and looked to evidence of day-to-day control.
“Hudson bears the burden of proving his status under the FTCA.”
Cautions
He denied late amendment where the proposed claim followed a recommended dispositive ruling and would prejudice the opposing party.
“The Court therefore concludes that Plaintiffs’ application for leave to amend should be denied.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Based upon the foregoing, the Court finds that Plaintiffs request to use Dr. Lashner as an expert witness in this case should be and is hereby DENIED.”
“As the Court has found that Dr. Lashner’s testimony would not be admissible into evidence, the Court finds that Defendants’ Motion to Strike the Affidavit of Marilyn A. Lashner, PH.D. (Docket Entry # 297) should be and is hereby GRANTED.”
“On May 26, 1995, the Court entered an Order granting the Motion for Summary Judgment (Docket Entry # 244) filed by Defendants, American Broadcasting Companies, Inc., Robbie Gordon, Diane Sawyer and Kelly Sutherland and denying the Motion for Partial Summary Judgment (Docket Entry #257) filed by Plaintiff, Robert G. Tilton.”
“Based upon the foregoing, Defendants’ Motion in Limine to Preclude the Introduction of Certain Evidence at Trial Concerning the Newsman’s Privilege, Employment Contracts, Financial Information and Personal Information (Docket Entry # 292) is GRANTED to the extent stated above.”
“Based upon the foregoing, the defendant, PacifiCare of Oklahoma, Inc.’s Motion for Summary Judgment (Docket No. 58) is GRANTED to the extent it seeks judgment that Schachter’s fraud claim is preempted under ERISA and is DENIED to the extent it seeks judgment that Schachter’s medical malpractice claim based upon the theory of vicarious liability and/or the theory of ostensible agency and loss of consortium claim are preempted.”
“The Court also declares MOOT the defendants, Raybume W. Goen, M.D. and The Wheeling Medical Group’s Motion in Limine (Docket No. 60).”
“Based upon the foregoing, the Court hereby GRANTS the plaintiffs Motion for Summary Judgment (Docket No. 4).”
“The Motion for Summary Judgment of Third-Party Defendant, The Holmes Organisation, Inc. (Docket Entry # 247) is DENIED.”
“The Order issued by United States Magistrate Judge Sam A. Joyner (Docket Entry # 336) denying Third-Party Defendant, The Holmes Organisation, Inc.'s Motion to Reconsider is also AFFIRMED.”
“The Unopposed Application for Oral Argument filed by Third-Party Defendant, Kent A. Bogart (Docket Entry # 334) is also DENIED.”
“The Request of Third-Party Defendant Kent A. Bogart for Certification of Questions of Law (Docket Entry # 337) *1241 and request of Third-Party Defendant, The Holmes Organisation, Inc., for certification of questions of law are also DENIED.”
“Third-Party Defendant, The Holmes Organisation, Inc.'s Motion to Dismiss The Home Indemnity Company's Second Amended Third-Party Complaint (Docket Entry # 271) is DENIED.”
“The motion for joinder in other Defendants’ motions to dismiss filed by Defendant, Dwayne D. Yoshina (Docket Entry # 70-2) and the motions for joinder in Defendant, Gary McIntosh’s motion to dismiss filed by Defendants, William Gardner and Stephanie Gonzales (Docket Entries # 175-2, # 246-2) are GRANTED;”
“The motions to dismiss filed by Defendants, Lance Ward, Gary McIntosh, John Y. Brown, III, Joe Kerwin, Jacque Alexander/Jeanette Heinbockel, Ken He-chler, Ron Thornburgh, Meryl Atterberry, Victoria Buckley/Donetta Davidson, Scott Moore, Dwayne D. Yoshina, David Ranc-ourt, James Hendrix, Gene Raynor/Linda Lamone, Ann McGeehan, Dick Filling, Sandra Stout, Janet Armstrong, Vicki Ba-lough, Ronald D. Michaelson, Bob Taft/Kenneth Blackwell, Colleen Sealock, Linda W. Beazley, Alvin A. Jaeger, John Mott-Smith, Joseph Britt, Julie Flynn, Joyce Hazeltine, Diana Ohman, James Milne, Christopher Thomas, Sue Anne Gil-roy, Kevin Kennedy, Gary Bartlett, William Gardner, Brook Thompson, John Cloonan, Thomas H. Ferguson, Dean Heller, Olene S. Walker, Stephanie Gonzales and Ward Martin III/Frances Hurst (Docket Entries # 10, # 20, # 28, # 32, # 37, # 45, # 52, # 56, # 57, # 62, # 70-1, #72, #75, #76, #83, #86, #90, #93, #99, #103, #108, #110, #111, #116, # 121, # 125, # 139, # 142, # 146, # 151, # 158, # 161, # 165, # 168, # 170, # 175-1, #180, #215, #216, #239, #241, #246, and # 279) are GRANTED;”
“Plaintiffs motion for extension of time to respond to motion for summary judgment of Defendant, Thomas R. Wilkey (Docket Entry # 256-1) is DENIED;”
“The motion for summary judgment filed by Defendant, Thomas Wilkey (Docket Entry # 12) is GRANTED;”
“Plaintiffs Request for Clerk to Enter Default Judgment Order (Docket Entry # 192) and Motion for Default Judgment (Docket Entry # 193) are DENIED.”
“The Motion for Sanctions or Injunc-tive Relief filed by Defendant, Janet L. Armstrong (Docket Entry # 95) is DENIED;”
“The Motion for Reconsideration and Motion for Sanctions filed by Plaintiff, Lindsey Springer (Docket Entries # 115— 1, # 115-2) are DENIED;”
“In light of the Court’s dismissal of Plaintiffs action, the Court DECLARES MOOT Defendant, Lance Ward’s Motion for the Court Not to Require Service of Defendants’ Pleadings as Between Defendants (Docket Entry #5) and Defendant, Lance Ward’s Motion for Protective Order filed on March 17, 2000.”
“Plaintiffs’ Motion for Summary Judgment (Docket Entry # 44) is DENIED and Defendant’s Motion for Summary Judgment (Docket Entry #49) is GRANTED.”
“Defendant’s Motion to Strike Plaintiffs’ Expert Affidavit (Docket Entry # 48) is GRANTED.”
“Plaintiffs’ Motion to Reconsider Portions of October 29, 1998 Order in Light of Magistrate Judge’s Report and Recommendation (Docket Entry # 77) is DENIED.”
“Plaintiffs’ Application for Leave to File First Amended Complaint (Docket Entry # 78) is DENIED.”
“IT IS THEREFORE ORDERED that the Petition for Certification filed by Defendants Richard Clay Hudson, D.O., Em-Care, Inc., the Gould Group, Inc. and the Quantum Management Group, Inc. on October 18, 1998 (Docket Entry #71) is hereby GRANTED, in part, in that the United States will be substituted for Defendant Hudson for all actions taken by him against Plaintiffs between the hours of 6:00 a.m. and 6:00 p.m. However, the Petition is DENIED as it relates to Hudson’s activities between 6:00 p.m. and 6:00 a.m. and based upon the control exercised by the Hospital over Hudson.”
“The judgment of the United States District Court for the District of Colorado is REVERSED, and the case is REMANDED for further proceedings in accordance with this opinion.”
A historical record
Judge Burrage 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.