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Marvin Herman Shoob

United States District Court for the Northern District of Georgia district Retired 2017 · served 1979–2017 Appointed by Jimmy Carter (Democratic) 15 signed orders read

Judge Shoob no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Shoob decides

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

What persuades

Shoob treated the administrative record, rather than a new judicial investigation, as the focal point of deferential agency review.

“The role of the court is not to conduct its own investigation and substitute its own judgment for the administrative agency’s decision.”

He enforced contractual suit limits absent conduct that reasonably induced the insured to believe the deadline had been enlarged.

“Waiver of a contractual limitation on suit requires some affirmative promise, statement, or other act, or some actual or constructive fraud, to lead plaintiff into believing that defendant intended to enlarge on the limitation period contained in the contract.”

Procedural preferences

Shoob denied late amendment when it would reopen discovery and prolong the litigation without justification.

“The Court concludes that allowing plaintiffs to amend the complaint at this procedural juncture would prejudice defendant by unreasonably protracting this litigation.”

He required express retention of jurisdiction or incorporation of settlement terms before enforcing an agreement after dismissal.

“a motion to enforce settlement is not appropriate after dismissal of an action unless the dismissal order adopts the settlement agreement or retains jurisdiction to enforce the settlement agreement.”

Cautions

Shoob looked to ordinary statutory meaning before considering post-enactment or extrinsic evidence.

“The ordinary signification of ‘public transportation’ does not include airports.”

Where the administrative record could not support the challenged result, he found remand pointless and ordered reversal.

“But the Court concludes that a remand would be pointless, for the record does not contain substantial evidence to support the Council’s decision.”

Signed rulings

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

Beyond Management, Inc. v. Holder
· 2011-03-25
Motions to dismiss (defendants) Denied

“the Court DENIES defendants’ motion to dismiss [# 7-1]”

Summary judgment (defendants) Granted

“GRANTS defendants’ motion for summary judgment [# 7 — 2]”

GeorgiaCarry.Org, Inc. v. City of Atlanta
· 2008-09-26
Motion for judgment on pleadings (defendants) Granted

“the Court GRANTS defendants’ motion for judgment on the pleadings [# 24]”

Counterclaim (defendants) Moot / procedural

“DISMISSES AS MOOT defendants’ counterclaim.”

Medmarc Casualty Insurance v. Reagan Law Group
· 2007-11-06
Summary judgment (plaintiff insurer) Granted

“the Court GRANTS plaintiffs second motion for summary judgment [# 72] as to rescission”

Declaratory judgment claim (plaintiff insurer) Moot / procedural

“DISMISSES AS MOOT Count II of the complaint seeking declaratory judgment.”

Motion for oral argument (plaintiff insurer) Denied

“The Court also DENIES plaintiffs request for oral argument [# 73].”

Ford v. Cronic Chevrolet Pontiac Nissan, Inc.
· 1989-12-04
Motion to enforce settlement (plaintiff) Denied

“the Court DENIES plaintiffs motion to enforce settlement.”

Walters v. City of Atlanta
· 1985-05-28
Motions to stay (City of Atlanta) Denied

“the Court DENIES the motion of defendant City of Atlanta for a stay pending appeal.”

Hardin v. American Casualty Co. of Reading
· 1989-05-11
Summary judgment (plaintiff) Granted

“Plaintiff’s motion for summary judgment is GRANTED”

Summary judgment (defendant) Denied

“defendant’s motion for summary judgment is DENIED.”

Flight International, Inc. v. Federal Reserve Bank
· 1984-11-19
Motion to vacate (Federal Reserve Bank of Chicago) Granted

“the Memorandum of Opinion and Order entered in this action on February 24, 1984, shall be, and hereby is, vacated and shall have no precedential effect.”

Mathis v. Zant
· 1989-03-15
Motion to alter or amend (respondent) Granted in part

“The Court GRANTS IN PART and DENIES IN PART respondent’s motion to alter and amend its order filed January 27, 1989”

Motions to stay (respondent) Denied

“the Court DENIES respondent’s motion for a stay pursuant to Rule 62(b) of the Federal Rules of Civil Procedure”

Motion for rule 54b certification (respondent) Denied

“the Court DENIES respondent’s motion for certification pursuant to Rule 54(b) of the Federal Rules of Civil Procedure.”

Days Inn of America Franchising, Inc. v. Windham
· 1988-11-23
Motions to dismiss (plaintiff) Granted

“the Court GRANTS plaintiffs motion to dismiss defendant’s counterclaim for failure to state a claim upon which relief can be granted.”

Dillard v. Rumph
· 1984-05-17
Summary judgment (defendants) Granted in part

“defendants’ motion for summary judgment is GRANTED as to defendant Saunders but is DENIED as to all other defendants”

Mullinax v. McNabb-Wadsworth Truck Co.
· 1987-11-10
Motion for leave to amend (plaintiffs) Denied

“The Court DENIES plaintiff’s motion to amend”

Motions to dismiss (defendant) Denied

“DENIES defendant’s motion to dismiss”

Summary judgment (defendant) Denied

“DENIES defendant’s motion for summary judgment.”

Mendez-Suarez v. Veles
· 1988-11-01
Motion for partial summary judgment (plaintiff) Denied

“plaintiff’s motion for partial summary judgment is DENIED”

Motion for partial summary judgment (defendants) Granted in part

“defendant’s motion for partial summary judgment is GRANTED IN PART and DENIED IN PART.”

Caseload & timing

From public federal docket records for this judge.

The three cross-referenced dockets involved immigration review, civil-rights statutory interpretation, and professional-liability insurance. They were evidence-selected and do not represent a complete caseload sample.

A historical record

Judge Shoob 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.