Mary Grace Diehl
How Judge Diehl rules, drawn from 16 signed orders. Every observation links to the order it came from.
Judge Diehl no longer sits on this court. This profile is preserved as a historical record of how they ruled here.
About Judge Diehl
Mary Grace Diehl joined the United States Bankruptcy Court for the Northern District of Georgia in February 2004 and began recall service in February 2018. She previously chaired the bankruptcy group at Troutman Sanders. She earned degrees from Canisius College and Harvard Law School.
How Judge Diehl decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Statutory fiduciary duties can support nondischargeability when the undisputed record shows a retailer failed to remit or safeguard entrusted proceeds.
“Plaintiff has met its burden and established as a matter of law that the debt owing resulted from Defendant’s defalcation when acting in a fiduciary capacity.”
Procedural preferences
A proposed amendment needs both supporting facts and a discernible legal theory; futility defeats leave to add a claim.
“Without allegations of the essential facts or presentation of a discernable legal theory, there is no basis for the Court to grant Plaintiffs Second Motion to Amend.”
Cautions
A prior verdict does not establish nondischargeable intent when its findings can rest on a less demanding state-law standard.
“Plaintiff has failed to meet her burden of proof in establishing the intent element under § 523(a)(6).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that Avaya’s Motion is DENIED.”
“ORDERED that Summary Judgment is GRANTED in favor of Plaintiff.”
“ORDERED that FleetOne’s Motion for Reconsideration is DENIED.”
“ORDERED that Plaintiffs Motion to Amend Complaint is GRANTED.”
“ORDERED that Debtor’s Motion for Summary Judgment is GRANTED.”
“ORDERED that Trustee’s Motion for Authorization to Settle and Compromise Claims Against State Bank of Texas is GRANTED.”
“ORDERED that Debtor’s Motion to Determine Secured Status of BAC Home Loan Servicing and to Strip Lien Effective Upon Discharge is hereby DENIED.”
“It is ORDERED that SkyTop’s motion for relief from the automatic stay is partially GRANTED.”
“It is FURTHER ORDERED that Sky-Top’s request for the Court to abstain from the related, pending adversary proceeding is continued until further order of the Court.”
“ORDERED that the Plaintiffs Motion for Summary Judgment is DENIED.”
“ORDERED that Defendants’ Motion for Partial Summary Judgment is hereby GRANTED.”
“ORDERED that Summary Judgment is GRANTED in favor of Plaintiff.”
“ORDERED that Plaintiffs Motion to Amend to Substitute Party is GRANTED.”
“It is FURTHER ORDERED that Defendant’s Motion for Summary Judgement is GRANTED.”
“It is FURTHER ORDERED that Plaintiffs Second Motion to Amend to Add Claim is DENIED.”
“ORDERED that FleetOne’s Motion for Summary Judgment is DENIED.”
A historical record
Judge Diehl no longer sits on this court. This profile stays available as a record of how they ruled here. If you're preparing for a matter, start from the court's current bench.