Edward L. Filippine
Judge Filippine no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Filippine decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In suits to enjoin federal tax collection he will reach the merits despite the 26 U.S.C. 7421(a) anti-injunction bar where the challenge is to the adequacy of the statutory deficiency notice, and he enforces the IRS's obligation to mail the notice to the taxpayer's last known address -- a notice sent elsewhere (e.g. to estranged relatives) is invalid even if certified.
“the Court is of the opinion that the notice is invalid and that the activities of the United States to collect the money allegedly due must therefore be enjoined.”
Procedural preferences
He applies Sampson v. Murray strictly to government-employment disputes: a discharged federal employee must make an extraordinary showing of irreparable injury (ordinary loss of income/savings is not enough) before a court will enjoin an ongoing administrative removal proceeding; otherwise the employee must exhaust the MSPB/agency process first.
“the Court is constrained to find that, under Sampson, this is an insufficient showing of injury to support the plaintiff's claim for injunctive relief.”
Cautions
Subject-matter jurisdiction is paramount: he will dismiss a Title VII suit for failure to exhaust administrative remedies and treat the jurisdictional defect as never waived under Rule 12(h)(3), declining to reach the merits no matter how the motion is captioned.
“the Court's order of August 3, 1982, granting defendants' motion for summary judgment shall remain in full force and effect.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court is constrained to find that, under Sampson, this is an insufficient showing of injury to support the plaintiff's claim for injunctive relief.”
“because the plaintiff has failed to state a claim upon which relief may be granted, the Court will grant the defendants' motion for summary judgment.”
“the Court is of the opinion that the notice is invalid and that the activities of the United States to collect the money allegedly due must therefore be enjoined.”
“the Court's order of August 3, 1982, granting defendants' motion for summary judgment shall remain in full force and effect.”
“IT IS HEREBY ORDERED that the motion for reconsideration be and is DENIED.”
“IT IS HEREBY ORDERED that defendant's motion to dismiss is GRANTED.”
“IT IS HEREBY ORDERED that the joint motion of defendants Sanus Passport/Preferred Services, Inc., and General American Life Insurance Co. to dismiss for failure to state a claim is DENIED.”
“IT IS FURTHER ORDERED that plaintiffs' joint motion to remand is DENIED and plaintiffs' alternative motion to amend pleading as against non-individual defendants is GRANTED.”
“IT IS HEREBY ORDERED that defendants' motion for summary judgment is GRANTED.”
“IT IS HEREBY ORDERED that defendant's motion to dismiss for failing to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) is GRANTED.”
“IT IS FURTHER ORDERED that defendant's motions to strike jury demand and to strike exhibits two and three are DENIED as moot.”
“IT IS HEREBY ORDERED that defendant's motion for summary judgment is GRANTED.”
“IT IS FURTHER ORDERED that defendant's motion to compel is DENIED as moot.”
“IT IS HEREBY ORDERED that the motion of defendant Henderson to set aside the entry of default is GRANTED, and the entry of default of October 6, 1988 is SET ASIDE.”
“IT IS FURTHER ORDERED that the defendants' motion to dismiss is GRANTED and plaintiff's complaint is DISMISSED with prejudice.”
“IT IS HEREBY ORDERED that the motion of defendant Bob Downes Chrysler-Plymouth, Inc. for summary judgment is GRANTED in part as to Counts III and IV of plaintiff's first amended complaint and as to plaintiff's prayer for punitive damages in Count V of the first amended complaint, DENIED as moot as to Counts VII and IX, and DENIED in all other respects.”
“IT IS HEREBY ORDERED that the motion of Syntex Agribusiness, Inc. to strike be and is GRANTED in part and DENIED in part.”
“IT IS HEREBY ORDERED that the motion of defendant Syntex Agribusiness, Inc. to dismiss be and is DENIED.”
Caseload & timing
From public federal docket records for this judge.
Not enumerated — his active-era dockets predate the electronic docket system. No case durations or case-type mix are available.
A historical record
Judge Filippine 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.