Dan Monroe Russell Jr.

United States District Court for the Southern District of Mississippi district Deceased · served 1965–2011 Appointed by Lyndon B. Johnson (Democratic) 18 signed orders read

Judge Russell no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Russell decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Russell resolved an insurance dispute from the policy text when both sides treated the provision as unambiguous.

“Given the fact that the contract is unambiguous, the Court is left to interpret the contract from the four corners of the instrument”

Russell denied a late amendment when the delay and proximity to trial would prejudice the opposing parties.

“because any amendment at this state of the proceedings, 17 days before trial, would result in undue prejudice to the plaintiffs.”

Procedural preferences

Russell converted a dismissal motion to summary judgment when the submitted record allowed a complete determination.

“since the submitted material is comprehensive enough to enable this Court to make a complete and rational determination, the motion to dismiss will be directed as one for summary judgment.”

Russell enforced marital privilege against post-judgment discovery directed to a judgment debtor's spouse.

“Clearly, the privilege is applicable to the facts sub judice.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Wood v. Crosby Arboretum Foundation
· 1992-07-08
Motion to strike jury demand (foundation) Granted

“IT IS THEREFORE ORDERED AND ADJUDGED that the Motion of the defendant, the Crosby Arboretum Foundation, to Deny Jury Trial is hereby GRANTED.”

Pitre v. Twelve Oaks Trust U/A 1/4/91
· 1993-03-24
Motion for reconsideration (property buyers) Denied

“the Motion of the plaintiffs, John P. Pitre and Sydney H. Pitre, for Reconsideration of this Court’s Memorandum Order granting defendant’s Motion for Summary Judgment dated January 21, 1993 is hereby DENIED”

Motion for attorneys fees (property sellers) Denied

“the the Motion of the defendants, The Twelve Oaks Trust U/A 1/4/91, Christine Antkowiak Fischer, Individually and as Trustee, and John H. Marshall, III, for Attorney’s fees is hereby DENIED.”

Prince v. F. Hoffmann-La Roche & Co.
· 1991-09-26
Motions to dismiss (pharmaceutical company) Granted

“IT IS THEREFORE ORDERED AND ADJUDGED that the defendant’s Motion to Dismiss is hereby GRANTED.”

Schloegel v. Boswell
· 1991-07-03
Motions to dismiss (third-party defendants) Granted

“the third-party complaint and counterclaim of the defendant, Laurie Boswell, is dismissed.”

Estate of Johnson v. United States
· 1990-07-19
Summary judgment (estate) Granted

“the plaintiffs Motion for Summary Judgment is hereby GRANTED”

Summary judgment (United States) Denied

“the defendant’s Cross-Motion for Summary Judgment is DENIED.”

Fieldman Ex Rel. Fieldman v. Roper Corp.
· 1984-06-22
Motions to dismiss (product manufacturers) Denied

“the action is not time barred and the motion to dismiss will be denied.”

Jones v. Benefit Trust Life Insurance
· 1985-03-25
Summary judgment (insurer) Denied

“In conclusion, the defendant’s motion for summary judgment is hereby DENIED.”

Summary judgment (insured) Granted

“Instead the Court grants the plaintiff’s motion for summary judgment”

Bolton v. United States
· 1985-03-27
Summary judgment (United States) Granted

“The Court grants the defendant’s motion to dismiss which was converted by the Court into one for summary judgment.”

Mathis v. Indemnity Insurance Co. North America
· 1983-03-24
Summary judgment (individual defendants) Denied

“The motions for summary by defendants Edwards and Peters will be denied.”

Motions to dismiss (insurer) Denied

“the motion to dismiss will be denied.”

Summary judgment (bail-bond claimant) Denied

“the plaintiff’s motion for summary is without merit and should be denied.”

Jones v. Thigpen
· 1983-01-27
Habeas petition (state prisoner) Granted in part

“We therefore conclude that the petitioner is entitled to relief upon his petition for habeas corpus insofar as his sentence of death is affected.”

Fidelity National Bank v. Center Management, Inc.
· 1984-06-13
Judgment on the pleadings (judgment creditor) Denied

“The Court finds that the plaintiff’s motion is not well taken and should be denied primarily because Mrs. Swindle did ‘answer’ the garnishment as required.”

Motions to compel (judgment creditor) Denied

“the plaintiffs motion to compel should be denied based on the privilege found in § 13-1-5.”

Gardner v. Allstate Insurance
· 1984-10-09
Summary judgment (insureds) Granted

“the Court finds the plaintiffs are entitled to partial summary judgment as a matter of law in the amount of $40,000.00.”

Motion for leave to amend and continuance (insurer) Denied

“Therefore, this Court denies the defendant’s motion to amend and for continuance”

Caseload & timing

From public federal docket records for this judge.

The sampled docket metadata included civil-rights, insurance, ERISA, contract, prisoner, habeas, and personal-liability matters. The empty entry streams do not support timing analysis.

A historical record

Judge Russell 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.