Filed: Oct. 23, 2015
Latest Update: Oct. 23, 2015
Summary: ORDER FOR PREPARATION OF JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES WILEY Y. DANIEL , Senior District Judge . NOTICE: This Order contains provisions that alter substantively the way in which Social Security Appeals are managed and marshaled. Please read this Order carefully and thoroughly to ensure compliance with the orders of the court. The matter before me is plaintiff's Complaint [#1], filed October 21, 2015. In lieu of a scheduling conference, the parties must confer to
Summary: ORDER FOR PREPARATION OF JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES WILEY Y. DANIEL , Senior District Judge . NOTICE: This Order contains provisions that alter substantively the way in which Social Security Appeals are managed and marshaled. Please read this Order carefully and thoroughly to ensure compliance with the orders of the court. The matter before me is plaintiff's Complaint [#1], filed October 21, 2015. In lieu of a scheduling conference, the parties must confer to p..
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ORDER FOR PREPARATION OF JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
WILEY Y. DANIEL, Senior District Judge.
NOTICE: This Order contains provisions that alter substantively the way in which Social Security Appeals are managed and marshaled. Please read this Order carefully and thoroughly to ensure compliance with the orders of the court.
The matter before me is plaintiff's Complaint [#1], filed October 21, 2015. In lieu of a scheduling conference, the parties must confer to prepare a proposed Joint Case Management Plan for Social Security Cases ("JCMP") as provided by D.C.COLO.LAPR 16.1(a). This Order provides instructions as to the preparation of the JCMP.
1. Form. A copy of the required form of JCMP is attached to this Order and available on the district court's website at http://www.cod.uscourts.gov/CourtOperations/RulesProcedures/Forms.aspx.
2. Contents of the proposed JCMP.
a. Paragraph 3.B. The proposed form of JCMP shall state the date on which the U.S. Attorney's Office was served (or waived or accepted service). The court anticipates that the government will waive or accept service no later than fourteen (14) days, or sooner if practicable, from the filing of the Complaint.
b. Paragraph 3.C. The Answer shall consist of a certified copy of the transcript of the administrative record plus any affirmative defense, which if then not filed, shall be waived. The Answer shall be filed no later than sixty (60) days, or sooner if practicable, after service (or waiver or acceptance of service).
c. Paragraph 8.
(1) Plaintiff's opening brief shall be due no later than thirty (30) days from the filing of the proposed JCMP. The deadlines for the submission of the response and any reply shall be as provided by D.C.COLO.LCivR 7.1(d).
(2) Any motion for extension of these deadlines requires a showing of good cause, which must be established with particularity. The following DO NOT constitute good cause: agreement of counsel; inconvenience to counsel or the parties; press of business or a "heavy workload;" conflicts in scheduling (a fortiori, when more than one attorney has entered an appearance for a party); or practice as a solo practitioner.
(3) Opening and response briefs shall be limited to no more than twenty (20) pages. Reply briefs shall be limited to no more than ten (10) pages. These page limitations shall apply to the legal argument portion of the brief or response, but shall not include the cover page, jurisdictional statement, table of contents, or statement of facts and procedural history.
d. The proposed JCMP need not address paragraphs 4, 5, 6, or 9 of the form. The court anticipates that, if the matters addressed by these paragraphs are relevant, appropriate motions will be filed to bring such matters to the court's attention.
3. Filing.
a. The proposed JCMP shall be filed no later than ten (10) days after the Answer is filed.
b. To file the proposed JCMP, the parties shall use the event entitled "Proposed Joint Case Management Plan," listed under "Administrative Appeal Documents," in the court's case management and electronic case filing system (CM/ECF).
c. The proposed JCMP shall include the signatures of counsel and any pro se party and provide for the approval of the court, as specified in the required form of order specified in paragraph 1 above.
d. Concurrent with the filing of the proposed JCMP on CM/ECF, the parties shall provide a Microsoft Word editable version of the proposed JCMP to chambers at daniel_chambers@cod.uscourts.gov.
THEREFORE, IT IS ORDERED that the parties shall filed a proposed JCMP consistent with these instructions.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00000-AP [place AP docket number here]
XXXXX,
Plaintiff,
v.
YYYYY,
Defendant.
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
For Defendant:
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
The Court has jurisdiction based on section 205(g) of the Social Security Act, 42 U.S.C. 405(g).
3. DATES OF FILING OF RELEVANT PLEADINGS
A. Date Complaint Was Filed:
B. Date Complaint Was Served on U.S. Attorney's Office:
C. Date Answer and Administrative Record Were Filed:
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
[Provide concise statements regarding the completeness or accuracy of the administrative record. Do not summarize the pleadings or make statements about the merits, or lack thereof, of the case or the defenses.]
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
[Provide concise statements regarding any additional evidence either party has submitted or intends to submit. Do not summarize the pleadings or make statements about the merits, or lack thereof, of the case or the defenses.]
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
[Provide concise statements regarding whether the case involves unusually complicated or out-of-the-ordinary claims, such as a constitutional challenge to a statute or regulation, an alleged due process violation, a request for injunctive or emergency relief, etc. It would be the unusual case that has any information in this section.]
7. OTHER MATTERS
[Describe any other matters either party believes should be brought to the attention of the Court. The parties MUST state whether the case is on appeal from a decision issued on remand from this court and include the case number and district judge who entered the order for remand.]
8. PROPOSED BRIEFING SCHEDULE
[The plaintiff's opening brief should be due no later than 30-40 days from the filing of this Joint Case Management Plan; the response brief due 30 days thereafter; and the reply brief (if any) due 15 days thereafter.]
A. Plaintiff's Opening Brief Due:
B. Defendant's Response Brief Due:
C. Plaintiff's Reply Brief (If Any) Due:
9. STATEMENTS REGARDING ORAL ARGUMENT
[The parties should state whether they request oral argument. If oral argument is requested, the requesting party(ies) should explain the need for oral argument. Even if oral argument is requested by one or both parties, it will be the decision of the Judge to whom the case is randomly drawn to determine whether there is a need for such argument.]
A. Plaintiff's Statement:
B. Defendant's Statement:
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
[The parties should state whether they intend to consent to the exercise of jurisdiction by a magistrate judge in accordance with D.C.COLO.LCivR 72.2. Pursuant to this Rule, all full-time magistrate judges in the District of Colorado are specially designated under 28 U.S.C. § 636(c)(1) to conduct any or all proceedings in any jury or nonjury civil matter and order the entry of judgment. If all parties consent to the exercise of jurisdiction by a magistrate judge under D.C.COLO.LCivR 72.2, they must file a completed "notice of Availability . . . and Consent to Exercise Jurisdiction" form, which Plaintiff should have received from the clerk upon filing, NO LATER THAN 40 days after the date of Defendant's Answer, or within 20 days of the filing of the proposed Plan. Upon consent of the parties and an order of reference from the district judge, jurisdiction over the ultimate disposition of this case will be assigned to the magistrate judge drawn at random under D.C.COLO.LCivR 72.2.]
Indicate below the parties' consent choice.
A. ( )All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge.
B. ( )All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR CONTINUANCES MUST COMPLY WITH D.C.COLO.LCivR 7.1(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON THE MOVING ATTORNEY'S CLIENT, ALL ATTORNEYS OF RECORD, AND ALL PRO SE PARTIES.
The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause.
DATED this ___ day of ______, 20 __.
BY THE COURT:
________________________________
U.S. DISTRICT COURT JUDGE
APPROVED: UNITED STATES ATTORNEY
____________________________ ________________________________
(Name) By:
(Address) Special Assistant U.S. Attorney
Telephone: Mailing Address:
e-mail address
Attorney(s) for Plaintiff(s) e-mail address
(or Plaintiff, pro se) Street Address:
Please affix counsel's signatures and any pro se party's signatures before submission of the proposed Joint Case Management Plan to the court.
