David R. Herndon
How Judge Herndon rules, drawn from 19 signed orders. Every observation links to the order it came from.
Judge Herndon no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Herndon decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Schuchman, Herndon treated actual conduct and intended permanence as central to whether a property remained the insureds’ residence.
“The controlling factor is intent, as evidenced by the acts of the person whose residency is questioned.”
Procedural preferences
In Walker, Herndon granted a short stay where the opposing parties could identify no prejudice and a pending higher-court decision could affect the claims.
“they have not shown, and the Court cannot fathom, how the requested stay could cause them any prejudice.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“defendant Phoenix’s motion for summary judgment is DENIED (Doc. 114).”
“Defendant Apria’s motion for summary judgment is GRANTED (Doc. 113).”
“defendant’s motion for summary judgment is GRANTED (Doc. 19).”
“plaintiffs’ motion for summary judgment is DENIED (Doc. 17).”
“Syngenta’s motion to dismiss, Doc. 116, is hereby granted in part and denied in part, as set forth herein.”
“The Court GRANTS the Juneau Defendants’ motion to dismiss Plaintiffs federal FOIA claim (Doc. 4). The Court GRANTS the Juneau Defendants’ motion to dismiss Plaintiffs 18 U.S.C. § 1862(c) claim against Juneau & Associates in regard to the ‘Juneau & Enterprise’ (Doc. 4). The Court DENIES all the other bases for dismissal submitted by the Juneau Defendants (Doc. 4, 5).”
“The Court GRANTS in part and DENIES in part the Juneau Defendants’ motion to strike certain portions of Plaintiffs complaint (Doc. 4, 5).”
“For the reasons stated above, the Court GRANTS in part and DENIES in part the Granite City Defendants’ motion to dismiss (Doe. 11).”
“the Court GRANTS Plaintiffs motion for summary judgment (Doc. 54).”
“the Court DENIES as moot Plaintiffs motion for hearing on *1079 Plaintiffs motion for summary judgment (Doc. 90).”
“the Court DENIES Plaintiffs motion to remand. (Doc. 9).”
“The Court GRANTS Defendant’s motion to reconsider and on reconsideration GRANTS the request to dismiss Plaintiffs § 6511 claim (Doc. 11).”
“the Court DENIES Plaintiffs’ motion for certification of national class (Doc. 35).”
“Plaintiffs’ Motion to Stay Counts VII, VIII, and IX of the Consolidated Class Action Complaint is GRANTED (Doc. 144).”
“the Court GRANTS Adams’ motion to set aside default (Doc. 44)”
“DENIES as moot Christiansen’s motion for default judgment (Doc. 35).”
“the Court pursuant to Rule 12(b)(1), Court GRANTS defendants’ motion to dismiss (Doc. 19) and DISMISSES plaintiffs cause of action for lack of standing.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 424 days (N = 5).
The five sampled terminated matters included personal injury, civil rights, employment, maritime or interstate-commerce litigation, and other federal statutory claims.
A historical record
Judge Herndon 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.