Benjamin H. Settle
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 12(b)(6) motion, decides on the briefing without oral argument by default and frames the standard via Twombly/Balistreri (cognizable legal theory + sufficient facts); willing to dismiss with leave to amend rather than terminate when pro se deficiencies are curable.
“hereby grants the motion and grants leave to amend for the reasons stated herein.”
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.”
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: 3Granted in part: 1 | counts only |
| Summary judgment N = 3 |
Granted in part: 2Denied: 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.
“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.”