Emily C. Marks

How Judge Marks rules, drawn from 26 signed orders. Every observation links to the order it came from.

Court
U.S. District Court for the Middle District of Alabama
Position
District judge
Appointed by
Donald Trump (Republican)
Commissioned
August 3, 2018
Education
Spring Hill College (B.A., magna cum laude, 1995); University of Alabama School of Law (J.D., 1998)
Signed orders read
26

About Judge Marks

Emily Coody Marks is a judge of the United States District Court for the Middle District of Alabama. Appointed by President Donald J. Trump, Judge Marks received a commission on August 3, 2018.

Judge Marks's practices and standing orders

Rules for cases before Judge Marks, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Trial

Judge Marks’s published uniform schedule places the proposed pretrial order one week before the pretrial conference.

“Proposed Pretrial Order 1 week before Pretrial Conference”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Marks decides

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

What persuades

In assessing whether a plaintiff's pre-suit settlement demand was a genuine valuation of the case or mere negotiating posture, the judge treated a detailed, specific demand letter, one that itemized medical treatment, expenses, and prognosis, as credible evidence of the claim's value, rather than discounting it as puffery.

“The comprehensive description of injuries, medical treatment and damages moves this case from the realm of puffery and posturing into a concrete assessment of damages.”

In Posey v. Hyundai Motor Manufacturing Alabama, Marks adopted an unopposed magistrate judge recommendation after independently reviewing the file, granted the employer summary judgment, and dismissed the disability-discrimination case with prejudice.

“Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED as follows: ... the Recommendation of the Magistrate Judge be and is hereby ADOPTED.”

After de novo review of a suppression recommendation, she denied the motion where the stop had reasonable suspicion and the defendant conceded that inevitable discovery permitted the challenged statements despite the absence of Miranda warnings.

“Because law enforcement had reasonable suspicion to detain Townsend, and because the inevitable discovery rule permits the admission of Townsend’s incriminating, un-Mirandized statements, Townsend’s motion to suppress is due to be denied.”

Procedural preferences

In an IDEA administrative-record dispute, the court required a request for supplementation to address the governing standard and give a concrete reason for adding evidence; it left open a later supported request.

“The Plaintiff’s motion does not adequately grapple with this standard, nor does it articulate a compelling reason for the Court to provide relief at this juncture.”

In Gray, Marks struck a second amended complaint as a shotgun pleading while allowing a third amended complaint with clearer claims and allegations.

“Plaintiff’s second amended complaint (doc. 60) is STRICKEN as an impermissible shotgun pleading.”

Cautions

After a bench trial on Alabama’s nitrogen-hypoxia execution protocol, she entered judgment for the State because the plaintiff did not prove that the protocol violated the Eighth Amendment; this describes that trial record rather than other execution methods.

“Lee has not shown by a preponderance of the evidence that the ADOC’s nitrogen hypoxia execution protocol violates the Eighth Amendment;”

Signed rulings

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

Ingram v. Hobby Lobby Stores, Inc.
1:19-cv-183-ECM · 2019-07-25
Motions to remand (plaintiff) Denied

“Accordingly, for the reasons as stated, and for good cause, it is ORDERED that the Plaintiff's motion to remand (doc. 5) is DENIED.”

Posey v. Hyundai Motor Manufacturing Alabama
2:15cv787-ECM · 2018-09-17
Summary judgment (defendant) Granted

“That the Recommendation of the Magistrate Judge be and is hereby ADOPTED; That the defendant's motion for summary judgment be and is hereby GRANTED; That this case be and is hereby DISMISSED with prejudice.”

Bartlett v. Jones
3:15-cv-577-ECM · 2018-08-31
Motions to dismiss (defendant) Granted

“Defendant's motion to dismiss, or in the alternative, motion for summary judgment (docs. # 9 and 12) be and are hereby GRANTED.”

Lawrence v. West
2:17-cv-611-ECM · 2018-11-30
Motions to dismiss (defendant) Granted

“Defendant Christopher West's partial motion to dismiss (doc. # 14) be and is hereby GRANTED and all claims against this defendant in his official capacity be and are hereby DISMISSED with prejudice.”

Adams v. Guzman
2:17-cv-622-ECM · 2018-12-12
Motions to dismiss (plaintiff) Granted

“the court construes the stipulation as a motion to dismiss pursuant to Federal Rule of Civil Procedure 41(a)(2). For good cause, it is ORDERED that the motion to dismiss (doc. # 24) is GRANTED, and this case be and is hereby DISMISSED with prejudice, each party to bear its own costs.”

Wilke v. Tallahassee Memorial Healthcare
2:17-cv-399-ECM · 2018-10-12
Motions to dismiss (defendant) Granted in part

“The motions to dismiss filed by defendants Cox, Currey, Kerensky, The Incorporated City of Vero Beach, Florida, Hicks, and Indian River Memorial Hospital, Inc., (docs. # 54 & 63) are GRANTED in part due to improper venue... This case is DISMISSED without prejudice.”

Montgomery Kidney Specialists, LLP v. Physicians Choice Dialysis of Alabama, LLC
2:17-cv-00668 · 2020-02-05
Motions to remand (plaintiff) Denied

“motion to remand (doc. 23) is hereby DENIED, and no costs or fees are awarded”

Motion to transfer venue (defendant) Granted

“motion to transfer venue (doc. 3) is hereby GRANTED, and the case is hereby TRANSFERRED to the United States District Court for the Northern District of Alabama, Southern Division”

Pickering v. Noonan
1:22-cv-00295 · 2022-09-16
Motions to remand (plaintiff) Granted

“motion to remand (doc. 11) is GRANTED and this case is REMANDED to the Circuit Court of Baldwin County, Alabama”

Jones v. Saugahatchee Country Club
3:23-cv-00034 · 2026-03-16
Summary judgment (Saugahatchee Country Club) Granted

“Defendant’s motion for summary judgment (doc. 68) is GRANTED;”

Lee v. Lovelace
2:25-cv-00680-ECM · 2026-05-28

After a three-day bench trial on an Eighth Amendment challenge to Alabama's nitrogen-hypoxia execution protocol, the court entered judgment for the State. This trial judgment is recorded for reasoning context and has no separately classified party motion.

United States v. Lequintin Sauvae Townsend
2:26-cr-00063-ECM · 2026-08-04
Motion to suppress (defendant) Denied

“Townsend’s motion to suppress (doc. 14) is DENIED.”

Brown v. City of Valley
3:20-cv-00838-ECM · 2026-08-20
Motions to dismiss (defendant) Granted in part

“The Defendants’ motion to dismiss, (doc. 39), is GRANTED as to Counts I and II, and these Counts are DISMISSED with prejudice.”

Caseload & timing

From public federal docket records for this judge.

The sampled caseload spans contract, insurance, consumer-credit, product-liability, personal-injury, employment-discrimination, and prisoner civil-rights matters. Several cases ended by settlement or voluntary dismissal, while others remained in briefing without a retained ruling.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months0
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months0
Social Security appeals pending more than six months0
Civil cases pending more than three years7
ReportMotions over six monthsCases over three years
Mar 202607
Sep 2025016
Mar 2025013
Sep 2024014
Mar 2024216
Sep 2023010
Mar 202309
Sep 202225
Mar 202216
Sep 202166
Mar 20211813
Sep 20201412

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of U.S. District Court for the Middle District of Alabama, not for Judge Marks: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed5817.8 months
Closed with no court action453.4 months
Closed before pretrial5257.8 months
Closed during or after pretrial1025 months
Closed during trial1not reported
12 months endingCases closedMedian time
Sep 20255817.8 months
Sep 20244859 months
Sep 202358112.2 months
Sep 202254613 months
Sep 202150212.3 months
Sep 202052710.2 months
Sep 201950810.8 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

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