Richard W. Bennett
How Judge Bennett decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In IDEA special-education appeals he applies the Child Find and evaluation-compliance framework rigorously and is willing to grant summary judgment for the school district / state agency across the board where the district timely and properly evaluated the child -- and to reject standing/ripeness dismissal grounds while still dismissing in part. A defense-favorable but issue-by-issue approach.
“Judge Bennett recommended granting the motion for summary judgment filed by New Caney Independent School District and the motion for summary judgment filed by the Texas Education Agency and Mike Morath, granting in part and denying in part the motion to dismiss ... and denying the plaintiffs motion for judgment on the administrative record”
In Social Security appeals he applies deferential substantial-evidence review and will affirm the ALJ (grant the Commissioner's MSJ, deny the claimant's) where the claimant's challenges amount to disagreement with the RFC analysis rather than identified legal error.
“recommending granting the Commissioner's motion for summary judgment, denying Beaudion's motion, affirming the Commissioner's decision, and dismissing this case with prejudice”
Procedural preferences
He enforces procedural prerequisites strictly, including against pro se litigants: an ex parte TRO is denied where the movant has not certified efforts to give notice or explained why notice should be excused under Rule 65(b)(1); and corporate parties must appear through counsel or face dismissal. He actively dismisses stalled cases for want of prosecution.
“the Magistrate Judge concluded that Collins had not satisfied both requirements for the issuance of an ex parte TRO under Federal Rule of Civil Procedure 65(b)(1) ... Collins failed to certify in writing any efforts that he made to give notice to the defendants”
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: 3Denied: 1 | counts only |
| Motions to dismiss N = 1 |
Granted in part: 1 | counts only |
| Motion for judgment on administrative record N = 1 |
Denied: 1 | counts only |
| Motion for tro 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.
“Judge Bennett recommended granting the motion for summary judgment filed by New Caney Independent School District ... The Memorandum and Recommendation of Judge Bennett is adopted as this court's Memorandum and Opinion.”
“and the motion for summary judgment filed by the Texas Education Agency and Mike Morath ... [adopted]”
“granting in part and denying in part the motion to dismiss filed by the Texas Education Agency and Mike Morath ... The Texas Education Agency and Mike Morath objected to Judge Bennett's recommendation to deny the standing and ripeness grounds for dismissal raised in their third motion to dismiss.”
“and denying the plaintiffs motion for judgment on the administrative record against New Caney Independent School District.”
“the Memorandum and Recommendation of United States Magistrate Judge Richard W. Bennett recommending granting the Commissioner's motion for summary judgment, denying Beaudion's motion, affirming the Commissioner's decision, and dismissing this case with prejudice ... the court denies the objections and adopts Judge Bennett's Memorandum and Recommendation.”
“recommending granting the Commissioner's motion for summary judgment, denying Beaudion's motion, affirming the Commissioner's decision ... the court ... adopts Judge Bennett's Memorandum and Recommendation.”
“the Magistrate Judge concluded that Collins had not satisfied both requirements for the issuance of an ex parte TRO under Federal Rule of Civil Procedure 65(b)(1) ... the court adopts the Memorandum and Recommendation as this court's Memorandum and Order. The plaintiff's motion for a temporary restraining order and an expedited hearing, (Docket Entry No. 2), is denied.”
Recorded as an order read, EXCLUDED from motion stats: this is a sua sponte case-management dismissal for want of prosecution, not a ruling on a party's motion. Shows his active management of stalled dockets. Grounding quote in motions:[] note.
Recorded as an order read, EXCLUDED from motion stats: a sua sponte recommendation to dismiss corporate co-plaintiffs for lack of counsel (not a ruling on a party motion). Illustrates his handling of pro se litigants attempting to litigate on behalf of entities.
Recorded as an order read, EXCLUDED from motion stats: effecting a plaintiff's Rule 41(a)(1)(A) voluntary dismissal, not a contested ruling. Included for caseload texture.