Local Rule D.C.COLO.LAPR 16.1: AP CASE MANAGEMENT
D. Colo. — Appellate rule
D.C.COLO.LAPR 16.1 AP CASE MANAGEMENT
(a) Joint Case Management Plan. A scheduling conference under D.C.COLO.LCivR 16.1 shall not be conducted. In all AP cases, except social security appeals and bankruptcy appeals, the parties will be directed to file a Joint Case Management Plan (JCMP). The form of JCMP for review of agency action in AP cases, except Individuals with Disabilities Education Act cases and environmental cases, is here. The form of JCMP for review of administrative action in Individuals with Disabilities Education Act cases and environmental cases is here.
(b) Motions for Attorney Fees Under 42 U.S.C. §406(b).
(1) The motion shall include a copy of the Notice of Award, which specifies the total of past due benefits awarded and/or the amount withheld from the award for the payment of attorney fees.
(2) The date of the Notice of Award shall commence the calculation of the time for filing of the motion. If more than one Notice of Award is reasonably anticipated, plaintiff shall file a status report every 90 days after the issuance of the first Notice of Award advising the court of the timing, if known, of the issuance of the last expected Notice of Award.
(3) If the motion is filed more than three months after the date of the last expected Notice of Award, the motion shall establish good cause for the delay in filing the motion.
(c) Briefing Schedule for Social Security Appeals.
(1) Briefing Schedule. Unless otherwise ordered for good cause shown, the opening brief of the plaintiff shall be filed no later than 40 days after the Commissioner files the administrative record. The response brief of the Commissioner shall be filed no later than 70 days after the filing of the administrative record. The plaintiff may file a reply brief no later than 85 days after the filing of the administrative record. The parties may stipulate in writing to one extension each for plaintiff and the Commissioner of not more than 21 days beyond the time limits prescribed in this Paragraph. The stipulation shall be filed before the expiration of the time limits prescribed in this Paragraph and shall be effective on filing, unless otherwise ordered. Any other motion for an extension of time or continuance shall be granted only for good cause shown.
(2) Page Limitations. Unless otherwise ordered and excluding the cover page, jurisdictional statement, table of contents, statement of facts, and procedural history, opening and response briefs shall be no more than 20 pages, and reply briefs shall be no more than 10 pages.
(d) Motions for Summary Judgment. Motions for summary judgment shall not be filed.
(e) Termination of AP Case Designation. On completion of pre-merits management, designation as an AP case shall terminate, and the case shall be assigned under D.C.COLO.LCivR 40.1. For good cause, designation as an AP case may be terminated before the completion of pre-merits management on motion of a party or sua sponte by the district judge designated for pre-merits management under D.C.COLO.LCivR 40.1(e).