Franklin Taylor Dupree Jr.
How Judge Dupree rules, drawn from 30 signed orders. Every observation links to the order it came from.
Judge Dupree no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Dupree decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Futrell, Dupree required the benefits decision-maker to give the claimant an opportunity to document whether financial hardship explained her treatment gap before discrediting her testimony.
“without affording her the opportunity to document her financial condition, the ALJ committed error in finding that plaintiffs testimony was totally discredited by her failure to seek medical treatment.”
Procedural preferences
In Kessler, Dupree treated a proper suggestion of death as the event that starts the substitution deadline and restored the case when that event had not occurred.
“inasmuch as a proper suggestion of death in accordance with F.R.Civ.P. 25(a) has never been made in order to trigger the ninety-day period for substitution, the court is of opinion that its previous error warrants setting aside the March 18 order.”
Cautions
In Honeywell, Dupree enforced the Miller Act's notice requirements when the notice was both late and insufficiently accurate about the amount claimed.
“Notice was neither timely nor did it state with substantial accuracy the amount claimed to satisfy the statute’s unambiguous requirements.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the court concludes that the motion is without merit and must be denied.”
“the motion to vacate sentence must be denied.”
“The motion for new trial must therefore be denied.”
“defendants’ motion to dismiss is denied.”
“Defendants’ motion for a more definite statement is also denied.”
“With one exception, plaintiffs’ motion will be granted.”
“Magistrate Judge McCotter’s recommendations are hereby adopted by the court, and the action is dismissed.”
“defendant’s motion to dismiss pursuant to F.R.Civ.P. 12(b)(6) is granted as to plaintiffs’ claims based on breach of contract and breach of warranty against encumbrances, and denied as to plaintiff’s claim based on unfair and deceptive trade practices.”
“defendants’ motion for reconsideration will be allowed on each of the grounds asserted”
“The Secretary’s decision denying benefits is reversed and the case is remanded to the Secretary for further proceedings”
“defendant’s motion to dismiss on the ground that plaintiff has failed to state a claim upon which relief may be granted is denied.”
“the Secretary’s motion to strike defendants’ jury demand is allowed.”
“Accordingly, judgment will be entered for the defendants.”
“plaintiffs motion for reconsideration is denied.”
“defendant’s motion for summary judgment is granted and the action is dismissed.”
Caseload & timing
From public federal docket records for this judge.
The five sampled terminated matters included two insurance cases, two asbestos product-liability cases, and one civil-rights accommodations case. Administrative closing data were available, but no electronic entry timelines existed for motion or timing analysis.
A historical record
Judge Dupree 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.