Scott H. Rash
How Judge Rash decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On agency record review (APA) he is deferential: he will uphold a rule so long as the agency considered the relevant science and took a NEPA 'hard look', declining to second-guess the agency's scientific judgment.
“Because Plaintiffs have not met their burden of demonstrating FWS's ultimate conclusions are unreasonable or were arrived at in an arbitrary manner, the Court will uphold FWS's 2022 10(j) Rule.”
Procedural preferences
Parses dispositive motions claim-by-claim rather than all-or-nothing: on both 12(b)(6) and summary judgment he grants in part / denies in part, preserving theories that are adequately supported and trimming those that are not (e.g. splitting a single breach-of-contract count across distinct contractual theories).
“Defendant's Motion to dismiss (Doc. 31) is GRANTED in-part as to parts of Count One relating to breach of contract ... Defendant's Motion to dismiss (Doc. 31) is DENIED in-part as to parts of Count One relating to breach of contract for: failure to provide artwork ...”
Motion outcomes
Counted from classified signed orders only. Percentages are shown only where the sample is large enough to be meaningful; smaller samples are reported as raw counts.
| Summary judgment N = 4 |
Granted: 1Granted in part: 2Denied: 1 | counts only |
| Motions to dismiss N = 2 |
Granted: 1Granted in part: 1 | counts only |
| Temporary restraining order N = 1 |
Granted: 1 | counts only |
A "1 of 1" is one ruling, not a tendency. Treat small samples as illustrative, not predictive.
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“In lead case No. CV-22-00303-TUC-SHR, Plaintiffs' Motion for Summary Judgment (Doc. 55) is DENIED.”
“Defendants' Cross-Motions for Summary Judgment (Docs. 63, 67) are GRANTED.”
“Defendant's Motion to dismiss (Doc. 31) is GRANTED in-part as to parts of Count One relating to breach of contract for: failing to timely review samples under 2017 Agreement ... These claims are dismissed. Defendant's Motion to dismiss (Doc. 31) is DENIED in-part as to ... Counts Two, Three, Four, Five, Six, Seven, Eight, and Nine.”
“IT IS ORDERED Lilly's Motion for Summary Judgment (Doc. 236) is GRANTED in-part as to Counts I, V, and VI, and is DENIED in-part as to Counts II, III, IV, V, and VI.”
“IT IS FURTHER ORDERED RCT's Motion for Partial Summary Judgment (Docs. 238, 248) is GRANTED in-part on Counts II and III, with damages to be proven at trial. ... IT IS FURTHER ORDERED RCT is entitled to summary judgment on Count IV pursuant to Rule 56(f), with damages to be determined at trial.”
“IT IS ORDERED Defendants' Motion to Dismiss Plaintiff's First Amended Complaint (Doc. 27) is GRANTED, and Plaintiff's First Amended Complaint (Doc. 26) is DISMISSED. IT IS FURTHER ORDERED Plaintiff is granted to leave to file a second amended complaint on or before Thursday, January 26, 2023.”
“IT IS ORDERED Plaintiff's TRO Motion (Doc. 2) is GRANTED. IT IS FURTHER ORDERED Plaintiff shall be reinstated in the Program without probationary status effective immediately.”