Ellen Carroll
How Judge Carroll rules, drawn from 3 signed orders. Every observation links to the order it came from.
Judge Carroll no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Carroll decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Failure to appear at a pretrial conference and lodge the required pretrial order can result in dismissal for lack of prosecution.
“No appearance by or on behalf of the plaintiff having been made at the pre-trial conference, and no pre-trial order having been lodged, IT IS HEREBY ORDERED that the above-referenced adversary proceeding is dismissed for lack of prosecution.”
Cautions
A Chapter 13 dismissal request must establish cause under the statute rather than rest solely on an objection to the debtors' marital status.
“The Motion to Dismiss is not based on any of the eleven causes for dismissal listed in § 1307(c). Instead, the ‘cause’ asserted by the United States Trustee is that the joint petition was filed by two men.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the reasons stated herein and in the Debtors’ Opposition to the Motion and Debtors’ supporting authorities, the Motion to Dismiss Debtors’ chapter 13 case based on § 1307(c) is denied.”
“IT IS HEREBY ORDERED that the above-referenced adversary proceeding is dismissed for lack of prosecution.”
“The Court, having reviewed all pleadings and evidence filed by the various parties in support of and opposition to the Application and amendments thereto presented by the Applicant, and having considered all of the oral arguments made with respect to the Application, hereby GRANTS the Application, as amended.”
A historical record
Judge Carroll 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.