US · rules
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).
Provenance
- Source
- www.cod.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-18
- Content hash
3deca871096e43258773f83e79a1fa3f69b92df3516c01db707a99c06046a16d
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