Glen H. Davidson
How Judge Davidson rules, drawn from 10 signed orders. Every observation links to the order it came from.
How Judge Davidson decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In an ERISA benefits suit, an uncontroverted affidavit showing the plaintiff had actually been paid his pension and was told to exhaust the plan's claims procedure outweighed the plaintiff's silence, once the court treated the motion as one for summary judgment.
“it is uncontroverted that Wilkes failed to exhaust the required appeal procedure. Wilkes has not responded to the present motion nor provided any evidence to show that the administrative claims procedure was pursued prior to bringing this suit.”
On a Hague Convention return petition, uncontested hearing testimony about where a child actually lived and attended school for years carried more weight than the respondent's belated paternity doubts or unproven claims about the petitioner's home life.
“it is undisputed that Respondent sent Petitioner money to cover basic needs for at least two years after Petitioner and DFB moved to Mexico.”
At the pleading stage, Davidson will allow tort claims involving religious organizations to proceed when they can be decided through ordinary factual questions without interpreting doctrine or internal church governance.
“on the face of the complaint, the Court can adjudicate this claim without delving into impermissible religious inquiries”
Procedural preferences
The judge is willing to set aside a default and default judgment on a fairly modest showing once removal has occurred, favoring resolution on the merits over strict enforcement of default where the delay was not willful and no real prejudice is shown.
“[d]oubt should be resolved in favor of a judicial decision on the merits of the case.”
The judge does not require a written expert report from a non-retained treating physician, but will cabin that witness's trial testimony strictly to the facts and opinions already reflected in the produced treatment records.
“Dr. Hendrix's testimony will, however, be limited to the facts and opinions contained in the treatment records that were produced during discovery.”
Ignorance of the local rules, here, that motions are typically decided without a hearing and that no scheduling order need precede a ruling, is not excusable neglect that will reopen a judgment under Rule 60(b)(1).
“[g]ross carelessness, ignorance of the rules, or ignorance of the law are insufficient bases for 60(b)(1) relief.”
When personal jurisdiction is lacking but another federal district plainly has jurisdiction and venue, Davidson favors transfer in the interest of justice over dismissal and the delay of refiling.
“The Court finds that transfer to the Western District of Texas is in the interest of justice in the case.”
Cautions
The judge treats direct ex parte communication with a represented class-action plaintiff about settling that plaintiff's claims, even through the plaintiff's own separate corporate counsel, as a sanctionable ethics violation once class counsel has been designated, regardless of notice given to the court.
“The court finds that counsel for GM violated Mississippi Rule of Professional Conduct 4.2 and did so in bad faith.”
A prisoner-plaintiff who fails to appear for a scheduled Spears hearing and then does not respond to a subsequent show-cause order will have the case dismissed for failure to prosecute, even without prejudice.
“the instant case is hereby DISMISSED without prejudice for Plaintiff's failure to prosecute and obey an order of the Court under Rule 41(b).”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Respondent Kohn Law Group, Inc. shall pay coercive sanctions of $100 per day to this Court's registry from the date of this memorandum opinion and corresponding Order and Judgment until such time as this Court has entered an Order finding that Respondent Kohn Law Group, Inc. has purged itself of civil contempt.”
“Upon due consideration, the Court finds that the motion [279] is not well taken and should be denied.”
“(1) The verified petition for return of minor child [1] is GRANTED;”
“the motion for summary judgment based on Eleventh Amendment immunity [68] filed by McTeer and Bradley is GRANTED; all claims asserted against McTeer and Bradley in their official capacities are DISMISSED”
“The Court finds that the Petitioner has failed to meet his burden of proof, and accordingly that his conviction for honest services fraud should be sustained.”
“the plaintiffs' Motion for Order Declaring Void as Against Public Policy Provision Compelling Release of Class Claims and Compelling Specific Performance of Remainder of Agreement to Sell Dealership shall be denied.”
“Mr. Jess Dickinson shall be fined a total of $500.00 and shall pay that amount to the Clerk of the United States District Court for the Northern District of Mississippi. As a sanction against the law firm of Page, Mannino, Peresich, Dickinson & McDermott, Class counsel shall be awarded their reasonable attorneys' fees”
“the plaintiffs' motion to add Rebel, Inc. as the class representative shall be held in abeyance pending reasonable discovery as to Rebel, Inc.'s adequacy.”
“the defendant's motion to dismiss without prejudice shall be denied at this time.”
“The class did not file the motion to strike until May 1, 1996 and has failed to explain why the court should consider such an untimely motion. As such, the motion shall be denied as untimely.”
“For that reason, Defendant's motion to transfer is granted”
“Defendant's motions to dismiss for lack of personal jurisdiction and for lack of venue are denied.”
“Defendant Chase’s two Rule 12(b)(6) motions to dismiss, [27] and [41], shall be denied.”
“Plaintiffs motion to strike summary judgment evidence [82] is DENIED”
“Plaintiffs motion for an evidentiary hearing [85] is DENIED”
“Defendant’s motion for summary judgment [65] is GRANTED, as no genuine dispute of material fact remains on Plaintiffs claims and judgment as a matter of law is proper.”
“Upon due consideration, the Court finds that the motion should be granted in part and denied in part.”
Caseload & timing
From public federal docket records for this judge.
Median motion-to-ruling time: 115.5 days (N = 8).
- The sampled dockets spanned insurance and personal-injury removals, prisoner civil-rights and habeas petitions (largely referred to and resolved by magistrate judges), employment discrimination, ERISA benefits, federal land condemnation for the Tennessee Valley Authority, and interpleader actions.
- Several sampled cases ended in voluntary or agreed dismissal rather than a contested ruling, consistent with a civil docket where most cases resolve before judgment.
Draft for Judge Davidson with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Davidson, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Davidson's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace