Denzil Price Marshall Jr.
How Judge Marshall rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Marshall decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
He enforces orderly motion sequencing, denying an early summary-judgment motion as premature where pending motions to dismiss (and any needed discovery) must be resolved first: Rule 12(b) before Rule 56.
“The Ellises' motion for summary judgment, Doc. 73, is denied as premature. The motions to dismiss must be dealt with first, and then any needed discovery, if this case moves forward.”
In credit-reporting litigation, distinguishes between duties that lack a private action and the post-dispute investigation duty that consumers may enforce, while treating overlapping state-law claims as preempted.
“This Court agrees with the greater weight of authority: private suits are allowable under section 1681s-2(b).”
On rational-basis review of neutral liquor-permit limits, focuses on the statute's clarity as applied to the actual plaintiff and accepts preventing unfair competition as a legitimate state interest.
“No reasonable person in McCurry’s position could doubt his or her ineligibility for a permit under current law.”
Cautions
Marshall takes procedural fairness seriously enough to vacate his own judgment: on a credible showing that a defendant intercepted a pro se prisoner's mailed objections, he granted Rule 60(b)(3) relief, then considered the objections de novo and still resolved the merits on the record by re-adopting the recommendation and granting summary judgment.
“His motion, Doc. 97, is granted for good cause. Assuming what Willis said happened is true, one of the defendants, Chynna Thomas, intercepted his letter to the Court containing his timely objections ... This Court's Order and Judgment, Doc. 86 & 87, are therefore vacated.”
Declines to expand ERISA's carefully defined fiduciary-liability structure through respondeat superior where the alleged principal is neither a named nor functional fiduciary.
“The lesser uncertainty here is this: respondeat superior liability isn’t part of ERISA’s definition of a fiduciary.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“His motion, Doc. 97, is granted for good cause. Assuming what Willis said happened is true, one of the defendants, Chynna Thomas, intercepted his letter to the Court containing his timely objections ... This Court's Order and Judgment, Doc. 86 & 87, are therefore vacated.”
“After de novo review, the Court re-adopts Magistrate Judge Kearney's recommendation ... the record presents no disputed question of material fact for a trial. Motion for summary judgment, Doc. 59, granted. Willis's complaint will be dismissed with prejudice.”
“The Ellises' motion for summary judgment, Doc. 73, is denied as premature. The motions to dismiss must be dealt with first, and then any needed discovery, if this case moves forward.”
Standard 'Initial Order for Pro Se Plaintiffs' (rules of procedure, no right to appointed counsel in civil cases, do not file discovery requests, when documents may be sent to the Court, witness lists). It rules on no party motion but illustrates his pro se case-management practice.
“The motion for summary judgment, Doc. 25, is granted. Griffin's amended complaint will be dismissed without prejudice.”
“The ABC’s motion, No. 6, is granted. McCurry’s complaint is dismissed with prejudice.”
“Cigna’s motion to dismiss, No 69, is denied.”
“Methodist’s motion to dismiss, No 61, is granted.”
“Capital One moves to dismiss. The motion, Document No. 11, is granted in part and denied in part.”
Caseload & timing
From public federal docket records for this judge.
In the reviewed recent cases, felony criminal matters lasted about 2.4 years, while self-represented prison-condition and habeas matters often ended within a few months through screening or early dismissal. These observations do not represent the judge's full docket.
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