David M. Warren
How Judge Warren rules, drawn from 18 signed orders. Every observation links to the order it came from.
How Judge Warren decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
A detailed expert valuation tied to a recognized starting value and itemized adjustments carried more weight than a generalized appraisal.
“The court was impressed and persuaded by Banks’ detailed testimony describing the methodology used in the Banks Appraisal and how each adjustment from the Banks NADA Value was determined.”
Procedural preferences
A Rule 12(b)(6) defense should be raised in the answer or by a pre-answer motion; raising it only after answering waived that route.
“In failing to raise the Rule 12(b)(6) defense in its Answer or by a motion filed prior to the Answer, the Defendant waived the right to assert this defense.”
Turnover is not a substitute for ordinary execution on an existing money judgment.
“The court will not enter a turnover order that will bypass standard execution procedures on the Default Judgment.”
Cautions
A constructive-trust theory could not support summary judgment where legal title to the retirement account had never transferred under state law.
“North Carolina law does not allow this court to impose a constructive trust where no transfer of the legal title to the IRA occurred.”
An asset sale can be undone when notice and process do not make the transaction transparent and fair to affected parties.
“the failure of the Debtor and Finley to ensure transparency and fairness in the sale of the G4 assets demands revocation of the Chen Sale Order.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“It is ORDERED, ADJUDGED and DECREED that the Plaintiff’s Motion for Summary Judgment on the First Claim and Second Claim is denied.”
“Confirmation of the Plan be, and hereby is, denied without prejudice;”
“21st Mortgage’s Claim be, and hereby is, adjudicated to be an allowed secured claim in the amount of $39,359.91 pursuant to 11 U.S.C. § 506(a), and the Debtor and the Trustee be, and hereby are, directed to amend the Plan accordingly.”
“It is ORDERED, ADJUDGED, and DECREED that the Motion be, and hereby is, denied without prejudice.”
“The Motion is granted, and Rushmore and U.S. Bank are hereby held in contempt of the Discharge Order;”
“The Defendant’s Summary Judgment Motion be, and hereby is, granted;”
“IT IS ORDERED, ADJUDGED, AND DECREED that the Application be, and hereby is, denied.”
“the Summary Judgment Motion be, and hereby is, granted”
“The Motion for Summary Judgment be, and hereby is, allowed;”
“The Objection to Claim be, and hereby is, sustained;”
“the court shall enter a separate Judgment granting the Summary Judgment Motion.”
“the court did not make a specific ruling on the Strike Motion but now holds that the Strike Motion is moot”
“The Reconsideration Motion be, and hereby is, allowed”
“The Stay Motion be, and hereby is, denied without prejudice.”
“Mr. Dev's request for relief from the automatic stay be, and hereby is, denied as moot;”
“Mr. Dev's request for imposition of sanctions against the Debtor be, and hereby is, denied;”
“CFCU's request for relief from the automatic stay be, and hereby is, denied as moot;”
“CFCU's request for relief from the co-debtor stay be, and hereby is, granted.”
“The Second Avoidance Motion is granted, because the requested relief is already provided by the Avoidance Order as amended by this Order.”
Caseload & timing
From public federal docket records for this judge.
All six sampled matters were terminated. The five historical streams were empty; the opinion-linked adversary docket supplied one grounded motion outcome.
Draft for Judge Warren with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Warren, and what has not, cited to the signed orders.
Opens in Ezel Pro.
- Grounded in Judge Warren's own signed orders
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace