Leonard Terry Strand

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.”