Richard Howard Battey
Judge Battey no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Battey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Battey rejected unsupported discounting of consistent treating-source opinions.
“Similarity between two physicians’ opinions does not constitute a ‘good reason’ to reject those opinions.”
He accepted an agency’s effort to reconcile competing habitat requirements through a documented management compromise.
“The Forest Supervisor made a reasonable compromise by cutting some trees and reserving others for the creation and maintenance of cover.”
Procedural preferences
Leave to amend generally followed unless delay, bad faith, prejudice, or futility justified denial.
“Leave to amend should be denied only if some reason exists for denial such as undue delay, bad faith, dilatory motive, undue prejudice to the opposing party, or futility in allowing the amendment.”
Bankruptcy good faith required examination of the total circumstances rather than a single timing rule.
“The court should examine the ‘totality’ of the circumstances surrounding the filing.”
Cautions
An indefinite stay was unwarranted when it would preserve a claim lacking a present factual basis.
“a stay of these proceedings pending appeal as suggested by plaintiff serves no purpose other than to delay the administration of justice.”
Once federal employee compensation covered an injury, the statutory remedy displaced other claims.
“once an injury falls within the coverage of FECA, its remedies are exclusive and no other claims can be entertained by the court.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“ORDERED that plaintiffs motion for summary judgment (Docket # 9) is granted. The decision of the ALJ is reversed and the matter is remanded for further hearing.”
“ORDERED that Federal’s motion to amend its complaint (Docket No. 35) is granted.”
“ORDERED that plaintiff’s motion for stay of the proceedings is DENIED.”
“IT IS FURTHER ORDERED that the defendant’s motion for summary judgment is GRANTED. Plaintiff’s complaint is dismissed with prejudice.”
“ORDERED that the defendant’s motion to dismiss is granted and this ease is dismissed without prejudice.”
“ORDERED that defendants' motion to remove attorney Ireland as counsel for plaintiff is granted. Plaintiff's attorney is removed.”
“ORDERED that plaintiff St. Paul Reinsurance Company Limited’s motion for summary judgment (Docket # 26) is granted.”
“The Court concludes that plaintiffs’ motion for summary judgment declaring the provisions of SDCL 34-23A-7 unconstitutional in not providing a bypass is granted.”
“The Court concludes that defendants’ motion to vacate stay and for partial summary judgment will be granted. The Court finds that SDCL 34-23A-10.1 is constitutional.”
“the above-entitled matter is remanded to the United States Bankruptcy Court for further proceedings consistent with this opinion.”
“ORDERED that defendant’s motion to dismiss for lack of jurisdiction is denied.”
“ORDERED that defendant’s motion for summary judgment is granted.”
“ORDERED that plaintiffs’ motion for summary judgment (Docket No. 57) is denied.”
“summary judgment (Docket No. 49) are both granted.”
“IT IS FURTHER ORDERED that defendant’s motion to suppress (Dockets # 20) is denied.”
Caseload & timing
From public federal docket records for this judge.
The publication-selected decisions do not establish the distribution of Battey’s full caseload.
A historical record
Judge Battey no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.