Robert A. Mark
How Judge Mark rules, drawn from 10 signed orders. Every observation links to the order it came from.
How Judge Mark decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Clear statutory language controls even when its application produces an unusual distinction.
“But unusual is not the same as absurd. By its plain and unambiguous terms, the domestic violence exception applies to any civil action ‘regarding domestic violence.’”
Procedural preferences
A remote examination complies with the subpoena-distance rule when the witness participates from a location within the geographic limit.
“Instead, and as discussed earlier, the Court concludes that a Zoom examination from a location within 100 miles of where a witness resides is an appropriate place of compliance.”
Cautions
Creditors who receive notice cannot disregard a proof-of-claim deadline and expect to share in a later distribution.
“But deadlines matter in bankruptcy cases. The Objecting Creditors failed to timely file proofs of claim despite receiving notice of the deadline and there is no legal basis to allow them to file their claims now.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Motions for Protective Order [DE#’s 58 and 69] are denied.”
“For these reasons, the Court ORDERS that the Motions for Recusal are denied.”
“The Debtor’s Motion [DE# 73] is denied.”
“The request in Ms. Farrell’s Response in Opposition [DE# 99] to retroactively annul the automatic stay is denied without prejudice as moot.”
“The Second Motion to Compel is granted in part and as detailed herein, the Respondents must produce unredacted copies of the Withheld Documents identified as Log Entries 1, 2, 13, 14, 36, 43, 46 and 47, and Wiggin 0121-122”
“All the Objections [DE#s 479, 482, 487, 491, 492 and 494] are overruled.”
“VBM is awarded attorney’s fees and costs in the amount of $45,000.00.”
“The Motion to Reopen is denied.”
“The Motion to Vacate is denied.”
“ORDERED that the Motion to Reconsider is denied in its entirety.”
“The Motion is denied to the extent it requests a sanctions award under Fed. R. Bankr. P. 9011.”
“The Motion to Set Hearing is denied as moot.”
“Debtors’ Objection to Claim No. 1 [DE# 79] is sustained and Claim No. 1 is stricken.”
“Debtors’ Objection to Claim No. 10 [DE# 77] is sustained and Claim No. 10 is stricken.”
“Debtors’ Objection to Claim No. 5 [DE# 85] is sustained in part to the extent the claim amount exceeds the scheduled amount.”
“Debtors’ Objection to Claim No. 3 [DE# 75] is sustained in part and overruled in part.”
“Debtors’ Objection to Claims No. 13 and No. 14 [DE# 83] is sustained in part and overruled in part.”
“Debtors’ Objection to Claim No. 4 [DE# 81] is overruled.”
“Debtors’ Objection to Claim No. 12 [DE# 82] is sustained in part and overruled in part.”
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