Cathy Ann Bencivengo
How Judge Bencivengo rules, drawn from 15 signed orders. Every observation links to the order it came from.
How Judge Bencivengo decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Denies a defendant's motion for summary judgment where a genuine issue of material fact remains for trial.
“For the foregoing reasons, Defendants' motion for summary judgment is DENIED.”
Procedural preferences
In Social Security appeals, denies the claimant's summary judgment and grants the Commissioner's where the decision is supported.
“Defendant's motion for summary judgment is GRANTED;”
Cautions
On a motion to dismiss, grants dismissal with prejudice of Fourteenth Amendment, Monell, and false-arrest claims that cannot be cured.
“(3) GRANTS the motion to dismiss (a) the Fourteenth Amendment claims against all parties, (b) Monell claims against all parties, and (c) false arrest claims against all parties with prejudice; ... (6) GRANTS the motion to dismiss the Bane Act claims without prejudice.”
A generalized safety concern does not overcome the presumption of public access; in Ramos Villanueva, she required specific facts supporting the claimed risk before sealing identifying information.
“Petitioner has not presented specific facts supporting a general allegation of risk to his or his family’s safety.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“For the foregoing reasons, Defendants' motion for summary judgment is DENIED.”
“Plaintiff's motion for summary judgment is DENIED;”
“Defendant's motion for summary judgment is GRANTED;”
“Statutory estoppel does not apply to either the on-sale bar or indefiniteness challenges asserted by Alphatec. The motion is DENIED.”
Under the PLRA three-strikes rule, 28 U.S.C. 1915(g), Bencivengo denied the prisoner-plaintiff's in forma pauperis motion after finding five qualifying prior strikes and dismissed the Section 1983 action without prejudice for failure to pay the filing fee, with no imminent-danger exception. Quote: 'the Court... DISMISSES this civil action without prejudice based on Tyler's failure to pay the full $405 civil filing fee required by 28 U.S.C. 1914(a).' The dismissal arose from screening rather than a merits motion.
“(3) GRANTS the motion to dismiss (a) the Fourteenth Amendment claims against all parties, (b) Monell claims against all parties, and (c) false arrest claims against all parties with prejudice; ... (6) GRANTS the motion to dismiss the Bane Act claims without prejudice.”
“Plaintiffs' claims against Defendants are DISMISSED without leave to amend as no amendments to the complaint would change the Court's conclusion. This dismissal, however, as to Plaintiffs' unreasonable delay claim, is WITHOUT PREJUDICE to refiling should later circumstances demonstrate an unreasonable delay.”
“For the reasons stated above, County Defendants' partial motion to dismiss is DENIED. County Defendants must file their answer to the TAC by November 5, 2025.”
“the Court hereby vacates the defendant's sentence and reenters the judgment in this case, thereby allowing the defendant to notice an appeal if he elects to do so.”
“The Court thus ORDERS Respondents to provide Petitioner an individualized bond hearing before an immigration judge pursuant to 8 U.S.C. 1226(a) and its associated regulations by February 20, 2026.”
“Lopez be temporarily released on April 7, 2026, to obtain medical care.”
“Defendant’s Motion to Dismiss for failure to state a claim is DENIED.”
“the Court DISMISSES this second Petition because Petitioner has not exhausted his administrative remedies with respect to the IJ’s adverse bond determination.”
Caseload & timing
From public federal docket records for this judge.
- The 2018-2022 caseload sample includes immigration and controlled-substance prosecutions, patent and intellectual-property disputes, insurance coverage, consumer protection, employment, civil rights, warranty claims, and detainee litigation.
- The sample reflects Bencivengo's substantial patent docket while also showing a broad general civil caseload; many civil cases resolved after early neutral evaluation.
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