Brandon Scott Long
How Judge Long decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A request to set aside default fails when the default was willful and the defaulting parties offer no meritorious defense, even though decisions on the merits are generally favored.
“because Defendants’ default was willful and because they offer no defense (much less a meritorious one) to any of Plaintiff’s claims, Defendants have failed to show good cause for setting aside the entry of preliminary default.”
At the pleading stage, allows a third-party indemnity claim to proceed when the alleged basis is plausible and resolving whether the claimant was actually at fault would require factual findings.
“At the dismissal stage, the Court is only concerned with whether the third-party plaintiff has plausibly alleged a basis for an entitlement to legal indemnity.”
Procedural preferences
Will stay discovery when pending dismissal motions are likely to dispose of the entire action, discovery is unnecessary to resolve them, and no trial deadlines create urgency.
“The Court finds that Defendants here have demonstrated that good cause exists to stay discovery because the Court’s resolution of the pending motions to dismiss has a high likelihood of disposing of the entire action.”
Cautions
Self-represented parties receive liberal construction but must still comply with filing rules; an unopposed, meritorious dismissal motion may be granted without prejudice.
“Although courts construe pro se filings liberally, the Court still requires pro se parties to ‘abide by the rules that govern the federal courts.’”
In a bench trial, questionable technical expert evidence may be admitted with its weight tested through cross-examination rather than excluded before trial.
“cross examination is the proper vehicle for Stewart’s concerns.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“IT IS ORDERED that Defendants' motion to stay the Magistrate Judge's order on Plaintiff's motion to compel pending disposition of Defendants' objections and motion for review under Rule 72(a) of the Magistrate Judge's order is GRANTED.”
“IT IS ORDERED that the ALJ's decision is REVERSED and the case is REMANDED for further proceedings consistent with this opinion.”
Adopted MJ R&R (no objection); pro se 1983 vs T-Mobile DISMISSED WITH PREJUDICE as frivolous/failure to state a claim (1915). This screening dismissal did not resolve a party motion.
Sua sponte subject-matter-jurisdiction remand: post-removal amendment added a non-diverse defendant, destroying complete diversity, so the case was REMANDED to the 21st JDC (Tangipahoa) under Rule 12(h)(3). This remand did not resolve a party motion.
Adopted MJ Roby's R&R (no objection); pro se 1983 prison-conditions TRANSFERRED to W.D. La. under 28 USC 1406(a) (improper venue). This transfer did not resolve a party motion.
“For the following reasons, Johnson’s motion for summary judgment is DENIED WITHOUT PREJUDICE.”
“IT IS ORDERED that Robles’s motion14 to vacate and Robles’s motion15 for a default judgment are DENIED.”
“IT IS FURTHER ORDERED that Robles’s claims against the remaining Defendants are DISMISSED WITH PREJUDICE for failure to state a claim.”
“IT IS ORDERED that Defendant’s motion24 to dismiss or, in the alternative, to transfer venue is GRANTED IN PART and DENIED IN PART. The motion is GRANTED IN PART as to Defendant’s request for transfer... The motion is DENIED IN PART, however, as to Defendant’s request for dismissal rather than transfer because the Court finds that “the interest of justice” requires transfer rather than dismissal.”
“IT IS ORDERED that the unopposed motion 13 of Defendant the United States of America to dismiss this action for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) is GRANTED. This action is DISMISSED WITHOUT PREJUDICE for lack of subject-matter jurisdiction.”
“IT IS ORDERED that Defendants’ motion to dismiss is GRANTED. Plaintiffs’ claims are DISMISSED without prejudice.”
“IT IS ORDERED that Defendant’s unopposed motion14 for summary judgment is GRANTED. Plaintiff’s claims against Defendant G. Denver and Co., LLC are DISMISSED WITH PREJUDICE.”
“IT IS ORDERED that the motion23 to dismiss is DENIED.”
Put Judge Long's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Long actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Long's own signed orders and cites them.