Benjamin H. Settle
How Judge Settle rules, drawn from 7 signed orders. Every observation links to the order it came from.
How Judge Settle 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 ordinarily decides on the briefs and requires both a viable legal theory and enough factual detail to make the claim plausible. When a self-represented litigant may be able to cure the defect, he has allowed amendment instead of immediately ending the case.
“hereby grants the motion and grants leave to amend for the reasons stated herein.”
In Shilling, he recognized the deference ordinarily afforded to military judgments but found preliminary relief warranted where the government did not support its new policy with current evidence and the record reflected years of open transgender service.
“The government’s arguments are not persuasive, and it is not an especially close question on this record.”
Procedural preferences
Standard Settle order opener: rules on the papers without oral argument ('The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file').
“The Court has considered the pleadings filed in support of and in opposition to the motion and the remainder of the file and hereby grants the motion for the reasons stated herein.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDER GRANTING DEFENDANTS' MOTION TO DISMISS ... hereby grants the motion for the reasons stated herein.”
“ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION TO DISMISS ... hereby grants the motion in part and denies it in part for the reasons stated herein.”
“ORDER DENYING PETITIONER/PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT”
“DENYING PETITIONER/PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGMENT”
“ORDER GRANTING DEFENDANT'S MOTION TO DISMISS AND GRANTING LEAVE TO AMEND ... hereby grants the motion and grants leave to amend for the reasons stated herein.”
“Defendant Westchester Fire Insurance Company's (‘Westchester’) motion to dismiss. Dkt. 12. ... hereby grants the motion for the reasons stated herein.”
“hereby denies the motion in part, grants the motion in part, and reserves ruling and requests supplemental briefing in part for the reasons stated herein.”
“For the reasons set forth in its Opinion, the Court GRANTS plaintiffs’ Motion for Preliminary Injunction, Dkt. 23.”
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