Leonard Terry Strand
How Judge Strand rules, drawn from 14 signed orders. Every observation links to the order it came from.
How Judge Strand decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Strand will grant summary judgment on an unresisted motion but does not rubber-stamp it: in Hopkins he noted Local Rule 56(c) permits granting an unresisted MSJ without notice, yet still worked through the Turner factors on the merits before granting. Counsel before him should not assume a missing resistance ends the analysis, but should expect the merits to be reached and a thorough opinion either way.
“Initially, I note that per LR 56(c), '[i]f no timely resistance to a motion for summary judgment is filed, the motion may be granted without prior notice from the court.' But even if I consider plaintiffs' claims on their merits, those claims fail.”
On insurance bad-faith claims Strand applies the Iowa 'fairly debatable' standard and judges the insurer's basis as of the time of the decision, not with hindsight: an appraisal award later vindicating the insured does not establish bad faith. A bad-faith plaintiff must show the denial had no objectively reasonable basis when made.
“State Farm's determination that the roof could be repaired instead of being fully replaced was an objectively reasonable basis to deny the Homeowners' request at the time. The fact that the appraisal award later determined otherwise is irrelevant...”
Strand polices pleading clarity strictly and warns pro se litigants in advance: he will not comb a sprawling complaint for viable claims. A complaint that lists statutes and constitutional provisions without tying them to facts and parties will be dismissed under Rule 8 / 12(b)(6), even after a chance to re-plead.
“I warned Roberts (Doc. 13) that the allegations in his pleadings need to be 'simple, concise and direct,' ... and that the court 'will not mine a lengthy complaint, searching for nuggets that might refute obvious pleading deficiencies.' He did not heed that warning and his amended complaint fails.”
In Social Security review, the judge treated an administrative law judge's awareness of another agency's disability determination as triggering a duty to obtain and consider the evidence underlying that determination, even though the claimant had not supplied it.
“Although Claimant did not introduce the VA’s rationale into the record, the ALJ was aware of the decision and had an independent obligation to seek it out.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Defendants' motion (Doc. No. 14) for summary judgment is granted in its entirety. All of plaintiff's claims are hereby dismissed with prejudice.”
“Plaintiff's motion (Doc. No. 12) for partial summary judgment is denied.”
“State Farm's motion (Doc. 22) for summary judgment is granted as to all claims. ... This action is hereby dismissed and judgment shall enter in favor of State Farm and against plaintiffs.”
“For the reasons set forth herein, defendants' motion (Doc. 17) for summary judgment is granted as to all claims. Judgment shall enter in favor of the defendants and against plaintiffs.”
“To the extent this case purports to assert new claims against the named defendants, those claims are denied pursuant to 1915(e)(2) and pursuant to defendant Lauren Norcross' motion (Doc. 17) to dismiss, which is granted. This action is hereby dismissed and the Clerk of Court shall close this case.”
“For the reasons stated herein, Washburn's motion (Doc. 80) for default judgment is denied without prejudice.”
“The defendants' motion (Doc. 32) for summary judgment is denied without prejudice.”
“The plaintiffs' motion (Doc. 118) for summary judgment is granted in part and denied in part. It is granted as to the HPRD requirements and the 24/7 RN requirement at 42 C.F.R. SS 483.35(b)(1) and 483.35(c), which are hereby vacated pursuant to 5 U.S.C. SS 706(2). It is denied as to the EFA and Medicaid institutional reporting requirements”
“The defendants' motion (Doc. 122) for judgment on the administrative record is granted in part and denied in part. It is granted as to the EFA and Medicaid institutional reporting requirements, which shall remain in the Final Rule. It is denied as to the HPRD requirements and the 24/7 RN requirement.”
“Respondent Beth Skinner’s motion (Doc. 9) to dismiss is granted.”
“Randy Lee’s petition under 28 U.S.C. § 2254 is denied and this action is dismissed with prejudice. A certificate of appealability shall not issue.”
“Lavigne’s motion (Doc. 198) to set aside the default entry is granted.”
“Lavigne’s partial motion (Doc. 203) to dismiss is granted. Counts I through VI and Counts VIII through XI against Lavigne are hereby dismissed. This case shall proceed against Lavigne on Count VII only.”
“Communication Enhancement’s motion (Doc. 54) for partial summary judgment is granted in part and denied in part.”
“Defendants’ motion (Doc. 53) for summary judgment is granted in part and denied in part.”
“Amtrak’s motion (Doc. 11) to compel arbitration and stay proceedings is granted pursuant to the Texas Arbitration Act. This case is hereby stayed pending the resolution of arbitration or further order of the court.”
“Carson’s motion (Doc. 2) for preliminary injunction is denied without prejudice.”
“Amtrak’s various motions to strike (Docs. 19, 20, 21) are denied.”
“Carson’s motion (Doc. 23) for extension of time, leave to exceed page limits, and for clarification/leave regarding exhibits is granted to the extent it seeks an extension of time and leave to exceed the page limits in her resistance. It is denied as moot as to all other aspects.”
“For the reasons stated herein, respondents’ motion (Doc. 6) to dismiss is granted and this case is hereby dismissed.”
Caseload & timing
From public federal docket records for this judge.
Median case duration in the sampled dockets: 631 days (N = 2).
Median motion-to-ruling time: 187 days (N = 5).
The nonexhaustive sample spans prisoner civil rights, personal injury, Social Security, labor and FMLA, defamation, and immigration habeas. It includes Sires, Menge, several prisoner civil-rights matters, Wieden, Rasmussen, Cruz, Young, Baxter, and a recent cluster of alien-detainee habeas petitions. The sample does not represent Strand's complete docket.
Draft for Judge Strand with the record in hand
Ezel grounds your drafting and research in this profile: what has persuaded Judge Strand, and what has not, cited to the signed orders.
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