Helena M. Barch-Kuchta
How Judge Barch-Kuchta rules, drawn from 32 signed orders. Every observation links to the order it came from.
How Judge Barch-Kuchta decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In the sampled immigration-detention recommendations, treats individualized bond process as important when the government re-detains a person previously living in the country, and places the clear-and-convincing burden on the government to establish danger or flight risk.
“At such a hearing, the government be directed that they SHALL bear the burden of establishing, by clear and convincing evidence, that the Petitioner poses a danger to the community or flight risk”
Procedural preferences
Enforces case-management meet-and-confer requirements before dispositive motions and may deny a motion without prejudice when counsel has not completed the required conference or joint statement, while allowing a compliant renewed motion.
“the Court will not excuse Defendant’s noncompliance with this Court’s Case Management and Scheduling Order and will deny Defendant’s motion without prejudice for Defendant’s failure to comply with its directives.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“Plaintiff's Motion for Summary Judgment (Doc. No. 16) is DENIED. ... Defendant's Cross-Motion for Summary Judgment (Doc. No. 21) is GRANTED and the decision of the Commissioner of Social Security is AFFIRMED”
“Plaintiff's Motion for Summary Judgment (Doc. No. 14) is DENIED. ... Defendant's Cross-Motion for Summary Judgment (Doc. No. 16) is GRANTED and the decision of the Commissioner of Social Security is AFFIRMED”
“Plaintiff's Motion for Summary Judgment (Doc. No. 15) is DENIED. ... Defendant's Cross Motion for Summary Judgment (Doc. No. 17) is GRANTED and the decision of the Commissioner of Social Security is AFFIRMED”
“Plaintiff's Motion for Summary Judgment (Doc. No. 12) is GRANTED. ... Defendant's Cross Motion for Summary Judgment (Doc. No. 16) is DENIED.”
“The parties' Joint Motion to Remand (Doc. No. 17) is GRANTED, the final decision of the Commissioner is REVERSED and this case is REMANDED for further proceedings”
“the Court grants the joint motion to remand (Doc. No. 17) and REVERSES the Commissioner's decision. This case is REMANDED to the Commissioner of Social Security for further proceedings”
“the Court grants the joint motion to remand (Doc. No. 19) and REVERSES the Commissioner's decision. This case is REMANDED to the Commissioner of Social Security for further proceedings”
“The Commissioner of Social Security's decision is REVERSED, judgment shall be entered in favor of Plaintiff, and this case is REMANDED to the Commissioner of Social Security for further proceedings”
“Defendants' motion to strike plaintiff's surreply (Doc. No. 73) is GRANTED.”
“Plaintiff's motion for recusal (Doc. No. 8) is DENIED.”
“Finding the petition successive, the undersigned recommends that the petition be dismissed.”
“The first amended petition (Doc. No. 6) be DISMISSED for failure to state a cognizable claim, and the alternative, as an unauthorized successive petition.”
Caseload & timing
From public federal docket records for this judge.
Barch-Kuchta presides over a substantial Fresno-division consent Social Security docket in which the parties proceed under 28 U.S.C. 636(c) and she enters the final merits judgment herself. Her broader referral docket carries prisoner civil-rights (42 U.S.C. 1983) and habeas (28 U.S.C. 2254) matters.
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