Barbara Moses
How Judge Moses decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
In Social Security review, Moses remanded when the administrative law judge relied on a non-examining expert without obtaining a functional assessment from a treating physician or otherwise filling a material evidentiary gap.
“This failure requires remand for further proceedings.”
On contract summary judgment, undisputed liability evidence supported judgment on liability, while unresolved payment and interest calculations required further proceedings on damages.
“plaintiff's motion for partial summary judgment is GRANTED as to liability on the Second and Fourth Claims for Relief, and those facts will be treated as established in the case. Summary judgment on the issue of damages is DENIED.”
Procedural preferences
In wage-and-hour settlement review, Moses required fee support, narrowed releases, and removal of confidentiality terms that would prevent truthful discussion of the litigation.
“Remove any confidentiality provisions that would prevent plaintiffs from truthfully communicating facts concerning this litigation and its settlement”
In discovery, she enforced proportionality by compelling a targeted set of relevant billing records while refusing the broader subpoena the movants had themselves characterized as wasteful.
“The Court will compel CMS to produce the documents and data described in the narrower subpoena only.”
Cautions
She declined to disqualify wage-and-hour counsel where the alleged conflict was speculative and the defendants did not establish a basis to dismiss the amended complaint.
“The motion to disqualify plaintiffs' counsel and to dismiss the Amended Complaint (Dkt. No. 41) is DENIED.”
A plaintiff asserting assigned claims could be required to obtain documents from its assignors when it had the practical ability to obtain them and affirmatively relied on the assigned rights.
“For the reasons that follow, the application is GRANTED to the extent described below.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“I cannot approve the Settlement without some modification of the release provisions.”
“plaintiff-relators' motion to compel is GRANTED with respect to their narrower February 28, 2016 subpoena to CMS ... The motion is DENIED with respect to any other subpoenas to CMS.”
“For the reasons that follow, the application is GRANTED to the extent described below.”
“The motion to disqualify plaintiffs' counsel and to dismiss the Amended Complaint (Dkt. No. 41) is DENIED.”
“plaintiff's motion for partial summary judgment is GRANTED as to liability on the Second and Fourth Claims for Relief ... Summary judgment on the issue of damages is DENIED.”
“I respectfully recommend that the Moving Defendants' motion to dismiss the Amended Complaint as to them pursuant to Rule 12(b)(5) be GRANTED.”
“plaintiff's motion is GRANTED”
“the Commissioner's motion is DENIED”
Contextual settlement-enforcement order: Moses declined to retain jurisdiction over an ambiguous private ADA settlement that the court had not brokered, while allowing the parties additional time to dismiss or reopen.
Contextual multi-issue discovery order addressing privilege, confidentiality designations, revenue records, and work-product disputes in a False Claims Act case; excluded because the bundled applications do not map cleanly to a single motion outcome.
Caseload & timing
From public federal docket records for this judge.
The targeted sample contains three wage-and-hour cases and two Social Security appeals, all terminated after consent jurisdiction or exact assignment to Moses.
Put Judge Moses's record to work
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Opens in Ezel Pro. Every answer is grounded in Judge Moses's own signed orders and cites them.