Stephen R. Bough
How Judge Bough decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
On a Rule 12(b)(6) motion he applies Twombly/Iqbal strictly: conclusory allegations that do not give fair notice under Rule 8(a)(2) are dismissed, even where the plaintiff is pro se.
“These statements are conclusory and do not allow the Court to draw a reasonable inference that the MFA Defendants are liable for misconduct.”
On a state-action question under § 1983 he follows controlling Eighth Circuit authority (Moore v. Carpenter) closely and resolves it on the totality of circumstances; where the repossession was already complete on the officer's arrival, telling the owner the repossession was legal and threatening arrest was not enough to make the deprivation state action.
“the record shows that the repossession was complete or substantially complete because the Vehicle was already hooked and lifted in the air at the time Ramsey arrived.”
On a Daubert / Rule 702 challenge he follows the Eighth Circuit's liberal-admission rule: gaps in methodology, qualifications, or factual support go to the WEIGHT of expert testimony, not its admissibility, and are for cross-examination rather than exclusion. To win exclusion before him, show the opinion is so fundamentally unsupported it can offer no assistance to the jury — not merely that it is contestable.
“Defendants’ arguments are more suited for cross-examination, not exclusion.”
Procedural preferences
He denies leave to amend as futile when the proposed amended complaint could not survive a Rule 12(b)(6) challenge — frame any amendment to clear the plausibility bar, not just to add parties.
“the Court concludes that the proposed amendments would not withstand the scrutiny of a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, and are, therefore, futile.”
He routinely adopts Magistrate Judge Reports & Recommendations where no timely objection is filed, after an independent review of the record — objecting on time is the way to preserve an issue before him.
“After an independent and careful review of the record, the applicable law, and the parties’ arguments, the Court ADOPTS Judge Gaddy’s Report and Recommendation (Doc. #76).”
He resolves cross-motions for summary judgment together in one order and will consider filings even over a motion to strike where doing so helps decide the merits — a motion to strike the opponent's MSJ papers is unlikely to succeed if the papers are otherwise properly before him.
“DENIED for the reasons stated by Plaintiff and because the Court considered those filings in resolving the parties’ respective motions for summary judgment”
Cautions
He enforces discovery and prosecution obligations: failure to comply with discovery orders or to prosecute can lead to dismissal under Rules 37(d)/41(b).
“the motion to withdraw is GRANTED and the motion to dismiss is GRANTED in part with modification.”
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.
| Motions to dismiss N = 4 |
Granted: 1Granted in part: 1Denied: 1Moot / procedural: 1 | counts only |
| Summary judgment N = 3 |
Granted: 1Granted in part: 1Denied: 1 | counts only |
| Motion for partial summary judgment N = 2 |
Granted: 1Denied: 1 | counts only |
| Motion to exclude expert testimony N = 2 |
Denied: 1Moot / procedural: 1 | counts only |
| Motions to remand N = 1 |
Granted: 1 | counts only |
| Motion for leave to amend N = 1 |
Denied: 1 | counts only |
| Motion for extension of time N = 1 |
Granted: 1 | counts only |
| Motion to withdraw N = 1 |
Granted: 1 | counts only |
| Motion for leave to proceed ifp N = 1 |
Denied: 1 | counts only |
| Unopposed motion for voluntary dismissal N = 1 |
Moot / procedural: 1 | counts only |
| Motions to strike N = 1 |
Denied: 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.
“Accordingly, the MFA Defendants’ Motion to Dismiss (Doc. #93) is GRANTED.”
“It is ORDERED that Defendant’s Motion to Dismiss Count Eight of the Indictment (Doc. #67) is DENIED.”
“the motion to withdraw is GRANTED and the motion to dismiss is GRANTED in part with modification.”
“the motion to withdraw is GRANTED and the motion to dismiss is GRANTED in part with modification.”
“ORDERED that Defendants’ Motion to Dismiss (Doc. #14) is DENIED without prejudice as moot.”
“Plaintiffs’ motion for leave to amend their complaint is DENIED”
“Plaintiffs’ request for an extension of time is GRANTED.”
“Plaintiff’s Motion for Leave to Proceed in Forma Pauperis (Doc. #1) is DENIED. It is further ORDERED the above-captioned matter is DISMISSED WITHOUT PREJUDICE.”
“Accordingly, Plaintiffs’ Motion is GRANTED.”
“Defendant Benjamin Ramsey’s Motion for Summary Judgment (Doc. #60) is GRANTED, and Count III is DISMISSED WITH PREJUDICE”
“Plaintiff’s Motion for Partial Summary Judgment as to Liability (Doc. #62) is DENIED”
“Plaintiff’s Motion to Exclude Defendant’s Expert Testimony (Doc. #65) is DENIED AS MOOT”
“Defendant’s Motion to Strike Both Plaintiff’s Motion for Partial Summary Judgment and Plaintiff’s Suggestions in Support of Motion for Partial Summary Judgment (Doc. #69) is DENIED for the reasons stated by Plaintiff”
“Trans Pacific Transportation, Inc.’s Motion for Summary Judgment (Doc. #159) is GRANTED IN PART and DENIED IN PART. The motion is GRANTED insofar as summary judgment is entered in favor of Trans Pacific and against Monroe on Count XIII for negligence per se. The motion is DENIED on all other claims.”
“For the reasons set forth herein, the motions to remand are GRANTED.”
“Defendant, Lynn Elgin’s, Supplemental Motion for Summary Judgment (Doc. #99) is DENIED.”
“ORDERED that Plaintiff’s Motion for Summary Judgment, Doc. #16, is GRANTED.”