John R. Jolly Jr.
Judge Jolly no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Jolly decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He applies personal-jurisdiction doctrine through the quantity, quality, source, forum-interest, and convenience factors, requiring contacts sufficient to make the defendant essentially at home in the state for general jurisdiction.
“No one factor in the analysis is determinative.”
He enforces written arbitration provisions and will dismiss or stay the related court claims so the parties can use the forum they selected.
“The Employment Agreements expressly provide that any dispute arising from the Employment Agreement ‘shall be finally settled by arbitration,’”
Procedural preferences
At summary judgment he follows the conventional burden: the record must show no genuine dispute of material fact and entitlement to judgment as a matter of law.
“there is no genuine issue as to any material fact and that any party is entitled to a judgment as a matter of law.”
He looks past a motion's label to its substance; when a filing styled as summary judgment actually challenged pleading sufficiency, he treated it as a Rule 12(b)(6) motion.
“is treated by the court as a motion to dismiss pursuant to Rule 12(b)(6).”
Cautions
A complaint relying on generalized out-of-state business activity will not establish personal jurisdiction without a sufficiently specific link to the forum and the claims.
“The threshold level of minimum contacts sufficient to confer general jurisdiction is significantly higher than for specific jurisdiction.”
A motion can win on some claims and fail on others; parties should frame claim-specific grounds rather than assume one global result will follow from a mixed record.
“The Motion is DENIED with regard to Claims Two, Three and Four.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' Motion for Summary Judgment is DENIED.”
“Plaintiffs' Motion for Summary Judgment is GRANTED”
“The Berton Defendants' Motion for Judgment on the Pleadings is GRANTED”
“the Berton Defendants’ Protective Order Motion (as amended on July 31, 2013) is MOOT and therefore should be considered DENIED.”
“Plaintiffs' First and Second Motions to Compel are DENIED.”
“Plaintiffs' Motion to Amend Complaint is DENIED.”
“Plaintiffs’ Motion for Summary Judgment as to Defendant SRS North Carolina Property, LLC is GRANTED.”
“Defendants' Motion for Judgment on the Pleadings is DENIED.”
“Plaintiff's Motion for Partial Judgment on the Pleadings is DENIED.”
“The Motion to Dismiss Plaintiff’s Eleventh Cause of Action, filed by Defendant Bank of America, NA, on April 7, 2009, is GRANTED”
“Plaintiff’s Motion to Compel, filed on July 13, 2009, is DENIED”
“the Bank’s Motion for a Protective Order, filed on July 22, 2009, is GRANTED.”
“Defendants Jeanette Smith and Life Changing Behavioral Services, LLC are entitled to summary judgment in their favor”
“Defendant Carl Sutton's Motion to Dismiss pursuant to Rule 12(b)(1) is GRANTED”
“Defendant Carl Sutton's Motion for Costs is GRANTED”
“Defendants' Motion for Judgment on the Pleadings is GRANTED.”
“Defendants' Motion to Dismiss For Lack of Personal Jurisdiction is GRANTED.”
“BB&T's Motion to Dismiss Amended Complaints is GRANTED”
“Plaintiff's Motion for Summary Judgment is GRANTED as to its Second Claim”
“Plaintiff’s Motion for Summary Judgment is GRANTED.”
A historical record
Judge Jolly 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.