Local Rule DUCivR 7-4: AN ACTION SEEKING JUDICIAL REVIEW OF A DECISION FROM AN ADMINISTRATIVE AGENCY

DUCivR 7-4 AN ACTION SEEKING JUDICIAL REVIEW OF A DECISION FROM AN ADMINISTRATIVE AGENCY

(a) Governing Rules.

When a party seeks judicial review of an administrative agency's decision under an arbitrary and capricious or substantial evidence standard of review in civil actions, the Federal Rules of Civil Procedure apply unless other law or these rules require otherwise.1 Review of Social Security decisions is governed by the Supplemental Rules for Social Security Actions under 42 U.S.C. § 405(g) and is not covered by this rule, except for the formatting requirements in section 7-4(d)(4) through (6). For the CM/ECF filing requirements for Social Security Actions, see the ECF Procedures Manual for guidance.

1 Advisory Committee Note: This provision is intended to clarify that the Federal Rules of Civil Procedure govern other matters that arise in litigation challenging agency decisions, such as amendments to complaints, motions to intervene, motions for injunctive relief, and other matters not otherwise precluded by other law or rules.

(b) Initial Filings.

(1) A complaint must include:

(A) identification of the final agency action or any part being challenged;

(B) factual allegations supporting the grounds for the challenge; and

(C) the legal basis for subject-matter jurisdiction for the action.

(2) In response to a complaint, the agency must file one of the following responsive documents within the time prescribed by statute, rule, or court order:

(A) a motion to dismiss under Fed. R. Civ. P. 12(b); or

(B) a short and plain statement—

(i) admitting or denying that the decision, or any part of it, is arbitrary and capricious or not supported by substantial evidence; and

(ii) identifying any affirmative defenses.

(3) The following responsive pleadings are not allowed:

(A) an answer;

(B) a motion for judgment on the pleadings;

(C) a motion for summary judgment; or

(D) a motion to affirm or reverse the decision.

(4) If the agency files a motion to dismiss and the court denies that motion, the agency must comply with section 7-4(b)(2)(B) within the time prescribed by Fed. R. Civ. P. 12(a)(4)(A).

(c) Scheduling Order.

(1) In lieu of an Attorney Planning Meeting Report under Fed. R. Civ. P. 26(f), and within 14 days after the agency files its short and plain statement, the parties must submit a proposed scheduling order that contains:

(A) a brief statement of—

(i) the claimed errors in the agency's decision; and

(ii) the reasons the agency claims its decision was not arbitrary and capricious or was supported by substantial evidence;

(B) dates by which the following will be filed—

(i) the indexed administrative record, if one has not already been filed;

(ii) objections to the administrative record and responses;

(iii) any other motions;

(iv) an Opening Brief, which must be filed using the CM/ECF event, "Motion for Review of Agency Action";

(v) an Answer Brief, which must be filed using the CM/ECF event, "Memorandum in Opposition to Motion" and linked to the "Motion for Review of Agency Action"; and

(vi) a Reply Brief, which is limited to addressing only those issues raised in the Answer Brief, and which must be filed using the CM/ECF event, "Reply Memorandum/Reply to Response to Motion" and linked to the "Motion for Review of Agency Action."2 2 The parties must follow the proper naming and filing conventions to ensure that the documents appear on the proper CM/ECF reports to assist the court in managing its docket and tracking these filings.

(2) The Scheduling Order will govern the filing deadlines for the parties' respective briefs unless the court orders otherwise.

(d) Brief Requirements.

(1) Fed. R. App. P. 28(a)(2), (3), (5) through (10) govern the Opening Brief;

(2) Fed. R. App. P. 28(b) governs the Answer Brief, except that it need not follow the requirements of Fed. R. App. P. 28(a)(1) or (4);

(3) Fed. R. App. P. 28(c) governs the Reply Brief;

(4) The following page and word limits apply, unless, on showing of good cause, the court orders otherwise:

(A) in a case seeking review of a Social Security Administration Commissioner's decision, Opening and Answer Briefs must not exceed 7,750 words, and a Reply Brief must not exceed 3,875 words;

(B) in all other cases, brief length is governed by Fed. R. App. P. 32(a)(7); and

(C) word limits exclude the caption, face sheet, table of contents, table of authorities, signature block, certificate of service, and exhibits.

(5) The formatting requirements of DUCivR 10-1 apply.

(6) Unless the court orders otherwise, the court will not consider additional briefs.