David Keith Winder
Judge Winder no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Winder decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He treated actual or constructive notice as the central question in removal timing.
“Given the fact that notice is the touchstone of timeliness for removal”
He enforced sovereign immunity unless Congress had clearly authorized the suit.
“no action can be maintained against the United States ‘unless the legislature has authorized it.’”
He declined to impose additional inquiry duties when recorded joint ownership disclosed no contrary interest.
“Records of joint ownership do not impose upon a potential B.F.P. a duty to further investigate the ownership of the property.”
Procedural preferences
He allowed amendment when discovery might later support an individual-liability theory.
“If in the course of discovery Tremelling uncovers any facts implicating Pratt and Zito, as individuals, in a civil conspiracy”
He remanded bankruptcy issues when the lower court had not considered material evidence under the correct legal standard.
“Because the Bankruptcy Court apparently did not consider this evidence, its order granting summary judgment to the Trustee is reversed and the case is remanded for further consideration.”
At the dismissal stage, he accepted disputed complaint allegations as true for purposes of the motion.
“facts which, although disputed by Defendants, are assumed by the court to be true for purposes of this motion.”
Cautions
He distinguished statutes of limitation from statutes of repose rather than treating the labels as interchangeable.
“a statute of limitations is the same thing as a statute of repose”
He required a defendant to show a personal, reasonable expectation of privacy before challenging a search.
“Hansen must demonstrate that he personally had an expectation of privacy in Ms. Folker’s apartment, and that his expectation was reasonable.”
He treated voluntary consent as sufficient to defeat suppression of vehicle-search evidence.
“the court concludes that the defendants freely and voluntarily consented to the search of the vehicle.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff Alliance Financial Services’ Motion to Remand Case to Third District Court, State of Utah is granted.”
“Plaintiff Alliance Financial Services’ Motion for Attorney’s fees incurred in preparing its motion for remand is denied.”
“Defendant the United States of America’s Motion to Dismiss is GRANTED.”
“the decision of the bankruptcy court is affirmed.”
“MEMORANDUM DECISION AND ORDER GRANTING DEFENDANTS PRATT’S AND ZITO’S MOTIONS TO DISMISS”
“ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO DISMISS”
“MEMORANDUM DECISION AND ORDER GRANTING PLAINTIFFS MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING DEFENDANTS MOTION FOR SUMMARY JUDGMENT”
“MEMORANDUM DECISION AND ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT”
“MEMORANDUM DECISION AND ORDER AFFIRMING DISMISSAL OF ACTION”
“Royal’s motion for summary judgment' is hereby denied.”
“The Holden Defendants’ motion for partial summary judgment on the ‘ICC endorsement’ issue is hereby granted.”
“The Stinson Defendants’ motion fpr partial summary judgment on the ‘ICC endorsement’ issue is hereby granted..”
“MEMORANDUM DECISION AND ORDER AFFIRMING DENIAL OF DEBTORS’ OBJECTION TO PROOF OF CLAIM”
“ORDER GRANTING AND DENYING MOTIONS FOR SUMMARY JUDGMENT”
“ORDER GRANTING THE UNITED STATES’ MOTION FOR PARTIAL SUMMARY JUDGMENT AND DENYING JOHNSON’S MOTION FOR SUMMARY JUDGMENT”
Caseload & timing
From public federal docket records for this judge.
The located docket shells include product liability, prisoner civil rights, condemnation, contracts, securities, patents, property damage, and foreclosure matters, but the entry-less sample cannot establish a career-wide caseload distribution.
A historical record
Judge Winder 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.