Kristi K. DuBose
How Judge DuBose rules, drawn from 26 signed orders. Every observation links to the order it came from.
How Judge DuBose decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
At summary judgment, accepts video evidence over a party's account only when the recording obviously contradicts that account; where the video leaves unanswered questions, continues to view the evidence in the nonmovant's favor.
“Yet, where the video does not answer all the questions or resolve all the details of the encounter, the Court must view the evidence in the light most favorable to the non-moving party.”
The judge consistently adopts an unopposed magistrate judge's Report and Recommendation as the opinion of the court in routine dismissal motions, rather than independently re-writing the analysis.
“After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. Section 636(b)(1)(B) and dated October 29, 2021 is ADOPTED as the opinion of this Court.”
On a multi-count motion to dismiss, the judge is willing to grant dismissal claim-by-claim rather than all-or-nothing, allowing a single viable count (here, a religious-accommodation claim) to survive alongside dismissal of the rest.
“the motion to dismiss is granted as to Counts II through XV and those Counts are dismissed. The motion is denied as to Count I”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Accordingly, it is ORDERED that the Defendant's motion to dismiss is GRANTED and the Plaintiff’s Complaint is DISMISSED without prejudice for insufficient process and insufficient service of process.”
“Accordingly, it is ORDERED that the Defendants' motion to dismiss (Doc. 19) is GRANTED and that Plaintiff Stephen Gillis Smitherman's Complaint is DISMISSED without prejudice.”
“Accordingly, it is ORDERED that the Defendants' amended motion to dismiss (Doc. 24) is GRANTED and the Plaintiff's complaint is hereby DISMISSED.”
“Defendants Acts Retirement-Life Communities, Inc., Presbyterian Retirement Corporation, Inc., and Westminster Village’s motion to dismiss is granted as to Counts II through XV and those Counts are dismissed. The motion is denied as to Count I, alleging religious discrimination under Title VII, 42 U.S.C. Section 2000e, et seq., for failure to accommodate.”
“Accordingly, the motion to reconsider is DENIED.”
“Accordingly, it is ORDERED that the Defendants' amended motion to dismiss (Doc. 24) is GRANTED and the Plaintiff's complaint is hereby DISMISSED.”
“Upon consideration, and all time periods for further appeal having passed, the motion to reinstate is GRANTED and defendant's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody (doc. 65) and memorandum in support (doc. 66) are hereby referred to the Magistrate Judge for appropriate disposition.”
“Upon consideration, it is ORDERED that all of Plaintiff Roosevelt Landrum's remaining claims against Defendant Georgia Pacific Consumer Products LP are hereby DISMISSED without prejudice, with each party to bear his or its own attorneys' fees and costs.”
“Accordingly, it is ORDERED that the Defendants' Motion for Summary Judgment (Docs. 13, 19, 20) is GRANTED and that Plaintiff's claims against Defendants Emma Rudolph and Ray Farmer are DISMISSED without prejudice.”
“For these reasons, it is ORDERED that State Farm's Motion to Alter, Amend or Vacate Judgment (Doc. 55) is DENIED.”
“In accordance with the Order entered this date granting Defendant Standard Insurance Company's motion for summary judgment, it is hereby ORDERED, ADJUDGED and DECREED that Plaintiff Kay C. Crews' claims against Defendant are dismissed with prejudice.”
“Accordingly, it is ORDERED that Preyear's motion (Doc. 585) is DENIED.”
Caseload & timing
From public federal docket records for this judge.
The reviewed cases include disability-access, prisoner civil-rights, personal-injury, insurance, consumer-credit, racketeering, maritime, and removed contract matters. The grounded docket outcomes include premises-liability and insurance-coverage summary judgment as well as a remand ruling.
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