Max O. Cogburn Jr.

How Judge Cogburn rules, drawn from 21 signed orders. Every observation links to the order it came from.

Court
United States District Court for the Western District of North Carolina
Position
District judge
Appointed by
Barack Obama (Democratic)
Commissioned
March 11, 2011
Education
University of North Carolina at Chapel Hill, B.A. (1973); Samford University, Cumberland School of Law, J.D. (1976)
Signed orders read
21

About Judge Cogburn

Max Oliver Cogburn, Jr. is a judge of the United States District Court for the Western District of North Carolina. Appointed by President Barack Obama, Judge Cogburn received a commission on March 11, 2011.

Judge Cogburn's practices and standing orders

Rules for cases before Judge Cogburn, as published on the court's website (checked October 9, 2026). Judges revise these often, so confirm the current version on the court's site before you file.

Key rules

Motions

Agreement between parties does not extend the dispositive-motions deadline.

“Parties may not extend this deadline by agreement”

Discovery

A motion to compel must describe good-faith conferral and compliance with the court conference requirement.

“A motion to compel must include a statement by the movant that the parties have conferred in good faith with each other and have exhausted the requirement of a conference with the Court”

Standing orders for every case in this court

Orders the court applies to all of its cases, whichever judge has them, as published on the court's website (checked October 9, 2026).

Key rules from these orders · The court's local rules ↗

How Judge Cogburn decides

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

What persuades

In Murphy, Cogburn allowed the county employee’s retaliation claim to proceed after finding the pleaded facts sufficient, while dismissing the other claims and defendants.

“Plaintiff’s factual allegations satisfy the lenient standards of Iqbal and Twombly.”

Procedural preferences

In Bruin, Cogburn declined to strike consumer class allegations at the pleading stage because the choice of governing law required further factual development.

“the choice of law determination is premature”

In Murphy, Cogburn declined to strike a response filed two days late, finding the delay alone insufficient to discard the entire brief.

“not a sufficient reason to strike the entire response brief.”

Cautions

In Rodgers, Cogburn dismissed an amended complaint without prejudice after the plaintiff failed to identify which claim applied to each defendant and failed to establish federal jurisdiction.

“Plaintiff has failed to clarify her claims and to show how each claim is tied to each Defendant.”

Signed rulings

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

Murphy v. Cleveland County
1:21-cv-00005-MOC-WCM · 2021-08-26
Motions to dismiss (defendant) Granted in part

“Defendants’ Motion to Dismiss, (Doc. No. 11), is GRANTED in part and DENIED in part, and all claims against all named Defendants are dismissed except for Plaintiff’s retaliation claim against Defendant Cleveland County.”

Motions to strike (defendant) Denied

“Defendants’ Motion to Strike Plaintiff’s response to the motion to dismiss is DENIED. (Doc. No. 21).”

Murphy v. Cleveland County
1:21-cv-00005-MOC-WCM · 2021-10-22
Motion for sanctions (plaintiff) Denied

“ORDER denying 27 Motion for Sanctions against Attorney Stephanie Webster. Signed by District Judge Max O. Cogburn, Jr. on 10/22/2021.”

Murphy v. Cleveland County
1:21-cv-00005-MOC-WCM · 2021-12-09
Summary judgment (defendant) Moot / procedural

“ORDER that Deft Cleveland County's 35 MOTION for Summary Judgment is DENIED as premature; and Deft shall file an Answer to 1 Complaint within 14 days of entry of this Order.”

General Synod of the United Church of Christ v. Cooper
3:14-cv-00213 · 2014-10-10
Motions to dismiss (plaintiffs and defendants (consent motion)) Granted

“the consent Motion to Dismiss Plaintiffs First Amendment Claims (#114) is GRANTED, and those claims are DISMISSED without prejudice”

Judgment on the pleadings (the court) Granted

“the court's Motion for Judgment on the Pleadings is GRANTED, and the court finds Article XIV, Section 6 of the North Carolina Constitution... UNCONSTITUTIONAL as they violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution”

Ansley v. Warren
1:16-cv-00054 · 2016-09-20
Motions to dismiss (defendant) Granted

“IT IS THEREFORE ORDERED, that Defendant's Motion to Dismiss (#38) is GRANTED, and this action is DISMISSED for lack of subject matter jurisdiction.”

Westmoreland v. TWC Administration LLC
5:16-cv-00024 · 2017-09-05
Summary judgment (defendant) Denied

“ORDER denying 22 defendant's Motion for Summary Judgment. Signed by District Judge Max O. Cogburn, Jr on 9/5/2017.”

Ervin v. United States
3:20-cv-00009 · 2021-10-29
Motion to vacate 2255 (petitioner) Denied

“Petitioner's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255 [Doc. 1] is DENIED and DISMISSED.”

Ervin v. United States
3:20-cv-00009 · 2022-08-31
Motions to dismiss (government) Granted

“denying 25 Motion for Reconsideration, MOTION for Certificate of Appealability filed by James Scott Ervin, Jr., 29; granting 29 Motion to Dismiss for Lack of Jurisdiction. Signed by District Judge Max O. Cogburn, Jr on 8/31/2022.”

Motion for reconsideration (petitioner) Denied

“denying 25 Motion for Reconsideration, MOTION for Certificate of Appealability filed by James Scott Ervin, Jr.”

Bruin v. Bank of America, N.A.
3:22-cv-00140 · 2022-08-31
Motions to dismiss (defendant) Denied

“IT IS, THEREFORE, ORDERED that Defendant’s Motion to Dismiss and Motion to Strike Class Allegations, (Doc. No. 10), is DENIED.”

Motions to strike (defendant) Denied
United States v. Curry
3:20-cr-00183 · 2020-11-12
Motions to dismiss (government and defendant (joint motion)) Granted

“IT IS, THEREFORE, ORDERED that the Motion to Dismiss Count One of the Indictment (#21) is GRANTED and Count One is dismissed without prejudice.”

United States v. Spencer
3:23-cr-00150 · 2024-03-19
Motions to dismiss (defendant) Denied

“IT IS THEREFORE ORDERED that Defendant's Motion to Dismiss Indictment (Doc. No. 14) is DENIED.”

United States v. Spencer
3:23-cr-00150 · 2024-10-18
Motions to dismiss (defendant) Denied

“ORDER denying 32 Motion to Dismiss as to Quovartis Spencer (1). Signed by District Judge Max O. Cogburn, Jr on 10/18/2024.”

Caseload & timing

From public federal docket records for this judge.

Median case duration in the sampled dockets: 326 days (N = 10).

Median motion-to-ruling time: 77 days (N = 3).

The sampled civil caseload includes Social Security appeals, employment and other civil-rights actions, wage-and-hour claims, disability discrimination, consumer-credit disputes, and labor cases removed from state court. Referral magistrates include W. Carleton Metcalf, David C. Keesler, David S. Cayer, and Susan C. Rodriguez.

Pending matters in the official report

Reported by the Administrative Office of the U.S. Courts under the Civil Justice Reform Act, as of March 31, 2026.

Motions pending more than six months22
Bench trials submitted more than six months0
Bankruptcy appeals pending more than six months1
Social Security appeals pending more than six months5
Civil cases pending more than three years5
ReportMotions over six monthsCases over three years
Mar 2026225
Sep 2025126
Mar 2025134
Sep 2024126
Mar 202414
Sep 202306
Mar 2023156
Sep 2022233
Mar 202202
Sep 202102
Mar 202103
Sep 2020123

A snapshot on that date: matters listed may since have been decided or reassigned. A motion referred to a magistrate judge is counted for both judges. Motions in multidistrict litigation, section 2255 cases and Social Security appeals are not counted, and a very large three-year count is generally a multidistrict docket. Source: Appendix A of the report (PDF); about the report.

How long civil cases take in this court

For the whole of United States District Court for the Western District of North Carolina, not for Judge Cogburn: median time from filing to disposition of the civil cases the court closed in the 12 months ending September 30, 2025, as reported by the Administrative Office of the U.S. Courts.

CasesMedian time
All civil cases closed1,0335.9 months
Closed with no court action1933 months
Closed before pretrial5865.1 months
Closed during or after pretrial24813.2 months
Closed during trial6not reported
12 months endingCases closedMedian time
Sep 20251,0335.9 months
Sep 20241,1545.5 months
Sep 20239586.9 months
Sep 20221,21010.1 months
Sep 202195110.3 months
Sep 20208738.5 months
Sep 20198169.1 months

The table leaves out prisoner petitions, land condemnations, deportation reviews, recovery of overpayments and enforcement of judgments, and reports no median for fewer than 10 cases. A district that closed a large multidistrict litigation in the period shows very large counts and long medians for that year. Source: Table C-5, U.S. District Courts (spreadsheet).

Draft for Judge Cogburn with the record in hand

Ezel grounds your drafting and research in this profile: what has persuaded Judge Cogburn, and what has not, cited to the signed orders.

Opens in Ezel Pro.

  • Grounded in Judge Cogburn's own signed orders
  • Cites every source it relies on, so you can verify it
  • Chat, drafting and research in one workspace