Mary Stenson Scriven
How Judge Scriven rules, drawn from 12 signed orders. Every observation links to the order it came from.
How Judge Scriven decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Applies a plaintiff-protective Rule 12(b)(6) standard, denying dismissal where the complaint plausibly states a claim and deferring fact-intensive defenses to summary judgment.
“Based on the foregoing, it is ORDERED that Defendant's Motion to Dismiss (Dkt. 89) is DENIED.”
At the pleading stage, accepts well-pleaded facts, declines to decide their truth, and leaves factual challenges for a developed summary-judgment record.
“The Court does not opine as to the truth of the statements in consideration of this motion. Instead, by law, the Court must accept the pleaded facts as true and construe them in the light most favorable to Plaintiff in ruling on these motions to dismiss.”
Distinguishes a third-party claimant's direct coverage rights from a derivative bad-faith claim. A declaratory judgment does not bind a claimant whose rights arose before the action and who was not joined, while derivative claims remain limited by judgments binding the insured.
“Because it chose not to join Helt, the Court concludes that in regard to her direct claim, she is not bound by the state court’s determination that the Policy was void.”
Procedural preferences
On cross-motions for summary judgment, grants the movant whose position the record and governing law support and enters judgment accordingly.
“the Court GRANTS Plaintiffs Motion for Summary Judgment and DENIES Defendant's Motion for Summary Judgment, as described herein.”
A litigation hold must be implemented and monitored; merely circulating a preservation demand while routine deletion continues is insufficient. In Swofford, that failure supported adverse inferences, presumptions, and a fee award.
“Counsel must take affirmative steps to monitor compliance so that all sources of discoverable information are identified and searched [and in this case, preserved.]”
Will not use amendment or substitution to swap one unrelated corporate defendant for another that may lack notice. The remedy in Bellezza was dismissal without prejudice so the plaintiff could file and serve a new action against the proper entity.
“the Court deems the appropriate course of action is to dismiss this action without prejudice so that Plaintiff can file a new complaint that asserts her causes of action against the proper defendant and serve that defendant”
Cautions
In products-liability cases, holds negligence and strict-liability claims expressly preempted by the Medical Device Amendments absent a specifically pleaded parallel claim, dismissing with prejudice.
“Defendant's Motion to Dismiss Plaintiffs Amended Complaint is GRANTED; 2. Plaintiffs' Claims are DISMISSED with prejudice; 3. The Clerk is DIRECTED to CLOSE this Case.”
In fraud claims arising from written loan transactions, oral representations that contradict the executed documents do not support reasonable reliance. Rule 9(b) also requires the speaker, time, place, content, and resulting benefit to be pleaded with particularity.
“Plaintiffs purported reliance on Defendant SunTrust’s alleged oral misrepresentations, which contradict the express terms of the loan documents, is unreasonable as a matter of law.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court GRANTS Plaintiffs Motion for Summary Judgment and DENIES Defendant's Motion for Summary Judgment, as described herein.”
“ORDER granting 78 Motion for summary judgment; denying 79 Motion for summary judgment. The Clerk is DIRECTED to ENTER judgment in favor of the Plaintiff ... and CLOSE this case. Signed by Judge Mary S. Scriven on 12/31/2013.”
“the Court GRANTS Plaintiffs Motion for Preliminary Injunction against the enforcement of Section 414.0652 against him until this matter is fully adjudicated by the Court.”
“On stipulation of the State that it will not seek to enforce the statute against others similarly situated to Plaintiff until the matter is fully resolved, the Court DENIES the Plaintiffs Motion for Class Certification (Dkt. 16) without prejudice.”
“Defendant's Motion to Dismiss ... Pursuant to Federal Rule 12(b)(6) (Dkt. 16) is GRANTED. ... Plaintiff's Amended Complaint (Dkt. 14) is DISMISSED. ... CLOSE this case.”
“Plaintiff's Motion for Leave to File a Second Amended Complaint (Dkt. 34) is DENIED. ... allowing the EEOC's proposed Second Amended Complaint would be futile.”
“Based on the foregoing, it is ORDERED that Defendant's Motion to Dismiss (Dkt. 89) is DENIED.”
“Defendant's Motion to Dismiss Plaintiffs Amended Complaint is GRANTED; 2. Plaintiffs' Claims are DISMISSED with prejudice; 3. The Clerk is DIRECTED to CLOSE this Case.”
“Defendants’ Motions to Dismiss Plaintiff’s Complaint, (Dkts. 17, 21), are GRANTED IN PART and DENIED IN PART: a. The Motions are GRANTED to the extent that Counts I – III may proceed against Defendants solely in their individual capacity. b. The Motions are GRANTED to the extent that Count III is DISMISSED as to Defendant Taylor. Count III survives against Defendant Eby. c. The Motions are otherwise DENIED.”
“Defendant’s Motion for Attorneys’ Fees and Costs, (Dkt. 10), is GRANTED IN PART and DENIED IN PART. Defendant is awarded $4,304.50 in attorney’s fees.”
“Defendant Mentor Worldwide LLC's Motion to Dismiss, (Dkt. 11), is GRANTED .”
“Plaintiff's ‘Request to Grant Leave to Add Other Parties and Amend the Complaint,’ (Dkt. 24), is GRANTED”
“Plaintiff's ‘Request for Permission to Relocate,’ (Dkt. 17), which the Court construes as a Motion to Transfer Venue is DENIED .”
“Defendant Liberty Mutual General Insurance Company’s Motion to Dismiss (Dkt. 22) is GRANTED. This .action is DISMISSED WITHOUT PREJUDICE”
“Plaintiffs Motion for Leave to File Second Amended Complaint (Dkt. 31) is DENIED as moot.”
The court allowed a third-party claimant's direct coverage theory to continue because she was not joined in the earlier declaratory action, but dismissed a derivative bad-faith count with prejudice because the insured was bound by the no-coverage judgment. The disposition arose from show-cause review rather than a party motion and is excluded from motion counts.
“the Court hereby GRANTS in part and DENIES in part Defendants’ Motion to Dismiss (Dkt. 70), as described herein.”
“Plaintiffs’ Motion for Spoliation Sanctions (Doc. No. 44) is GRANTED;”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 849 days (N = 1).
Median motion-to-ruling time: 24 days (N = 27).
The reviewed 2026 matters include prisoner habeas and civil-rights suits as well as Fair Labor Standards Act wage claims, confirming that she remains active and continues to receive new civil cases. This recent group provides descriptive context rather than a complete caseload measure.
Draft for Judge Scriven with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Scriven, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Scriven's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace