Opinions
All court opinions may be accessed at no charge via PACER through the "Written Opinions" link on the Reports page. You must, however, have an account to access the report via CM/ECF or PACER.
Access to opinions from 1997 to present, that are PDF searchable, unrestricted & unsealed, are also available through the Government Printing Office using the Advanced Search for Government Publications. There is no login required and publications are available free of charge.
Court Opinions Database
The court's provides free access of some opinions, at the discretion of the judges, for the years 1998 to present. The results shown below are automatically displayed for all years, all judges, and all keywords/topics.
A search may be performed using the Search box above, or filtering by year, judge, and/or keyword/topic. To search for more than one judge and/or keywords/topics simultaneously, hold down the Ctrl key (or Command key) and select each item.
| Keywords/Topic | Date | Title | Description | Judge | |
|---|---|---|---|---|---|
| Default Judgment, Nondischargeability, Summary Judgment | 12/13/2019 | Gretchen Welch v. David Tracy Giron |
Plaintiff moved for summary judgment, asking that her California state default judgment against debtor-defendant (domesticated in New Mexico) be found to be nondischargeable. The Court denies plaintiff’s motion because while the state court judgment definitively established the amount of the debt, the Court will not grant issue preclusive effect to the state court judgment, and a judgment for plaintiff would be inequitable under these facts.
|
Judge David T. Thuma | |
| Adversary, Adversary Proceedings - Procedural Matters, Default Judgment, Reconsideration, Standing | 07/24/2019 | CA Silverman |
Trustee filed motion for “turnover” requiring Debtor to cooperate in marketing and sale of Debtor’s house. Debtor objected, moving to vacated the default judgment in the adversary proceeding against her ex-boyfriend on which the turnover motion was based. Parties stipulated to a ruling on the motions for the preliminary issues of whether the Debtor should have been named in the adversary proceeding and whether the default judgment should be set aside. The Court ruled the Debtor should not have been named, the default judgment would not be set aside, and Debtor did not have standing to object to the adversary proceeding default judgment under F.R.C.P. 60(b).
|
Judge David T. Thuma | |
| Default Judgment, Proof of Claim, Standing | 09/12/2018 | Railyard Company, LLC |
Chapter 11 trustee objected to a proof of claim filed by a limited liability company. the company's members responded pro se, but the company did not retain counsel and respond. The court struck the member responses and sustained the objection by default, and also on the merits. |
Judge David T. Thuma | |
| Default Judgment, Reconsideration | 03/15/2013 | Jacoby, et al v. Akbari-Shahmirzadi |
Motion to reconsider order granting partial summary judgment as to liability. |
Judge David T. Thuma |