Jennie D. Latta
How Judge Latta rules, drawn from 20 signed orders. Every observation links to the order it came from.
How Judge Latta decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In one discharge decision, unanswered requests for admission conclusively established the facts needed for partial summary judgment.
“By failing to respond to the Plaintiff’s requests for admissions, the Defendant is deemed to have admitted all the statements in the requests for admissions.”
Procedural preferences
The proof-of-claim deadline is enforced unless a specifically authorized exception applies.
“It is clear, however, that Rule 3002(c) provides a hard deadline for filing proofs of claim except in certain limited and specific circumstances, none of which apply here.”
A limited liability company must appear through licensed counsel, and an unsigned company filing will not be considered.
“The Tennessee Court of Appeals notes that a limited liability company, like a corporation, is a separate legal entity from its members and may only appear in court through counsel.”
Cautions
A dismissal argument raised for the first time in reply did not support immediate dismissal where the opposing parties had no opportunity to respond.
“The Motion to Dismiss is denied because the County, having conceded to the Plaintiffs’ position concerning the abrogation of sovereign immunity by section 106 of the Bankruptcy Code and the waiver of sovereign immunity by section 1-3-121 of the Tennessee Code, raised a new issue in its Reply concerning the breadth of the waiver of sovereign immunity in the Tennessee Code to which the Plaintiffs have not had an opportunity to respond.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, the Motion to Reconsider is DENIED.”
“Accordingly, the Trustee’s motion is DENIED.”
“Accordingly, the Motion to Reconsider is DENIED.”
“Summary Judgment is DENIED to the Plaintiffs and GRANTED for the Defendant.”
“For the foregoing reasons, the Motion to Dismiss Laksh Nandrajog as Defendant is GRANTED because it fails to state a claim against the defendant for which relief may be granted.”
“For the foregoing reasons, the Motion to Dismiss will be DENIED.”
“Judgment by default will be entered for the Plaintiff SCGV Dexter Ridge, LLC against the Defendants, Theodore E. Harris, Jr., and Jo Carol Harris, as to Count IV of the Complaint only.”
“Because Reliable does not object to the temporary allowance of Virtus’s claim for purposes of voting to accept or reject the competing plans, Virtus’s motion is GRANTED.”
“As a result, Pool 5 holds no allowed claim against the bankruptcy estate.”
“Answer: No, the March Monthly Rent is not allowable as an administrative expense because it was fully mitigated together with the balance of the potential damages of Pool 5.”
“For the foregoing reasons, the complaint is DISMISSED because the Plaintiffs lack standing to proceed with recovery of property of the estate.”
“For the foregoing reasons, the Motion to Dismiss and the Motion for Summary Judgment are DENIED.”
“For the foregoing reasons, judgment shall be entered for the Plaintiff, Peacola Inetta Walker, against the Defendants, Triple Diamond Auto Sales, LLC, Black Diamond Auto Sales, LLC, Raymond Clayborne, and Bernard Evans, jointly and severally, in the amount of $7,000, for which let execution issue.”
Caseload & timing
From public federal docket records for this judge.
Five sampled matters were terminated and the Jefferies case remained pending. The pending matter supplied one express reconsideration outcome.
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