- SCOPE, PURPOSE, AND CONSTRUCTION - AP RULES
- COMMENCEMENT OF ACTION, SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS
- THE RECORD, PRE-MERITS BRIEFING AND MOTIONS PRACTICE
- CONSENT JURISDICTION OF A MAGISTRATE JUDGE
D.C.COLO.LAPR 1.1
SCOPE OF THE LOCAL AP RULES
(a) Title and Citation. These rules shall be known as the Local Rules of Practice of the United States District Court for the District of Colorado – AP Rules. These rules shall be cited as
D.C.COLO.LAPR Rule, Subdivision, Paragraph, Subparagraph, Item (e.g., D.C.COLO. LAPR 1.1(f)(1)(A)).
(b) Effective Date. Unless otherwise stated, these rules are effective as of December 1 of each year.
(c) Scope. These rules apply to pre-merits management and briefing in a social security appeal, a case commenced or reviewed under 5 U.S.C. § 706 concerning an action or final decision of an administrative agency, board, commission or officer, or a bankruptcy appeal (AP Case).
(d) Numbering and Indexing. These rules are numbered and indexed insofar as practicable in accordance with the specific designations of the Judicial Conference Uniform Numbering System.
(e) CM/ECF. CM/ECF is the Case Management/Electronic Case Filing system of the court.
(f) Pilot Programs or Special Projects. A pilot program or special project may be authorized by the court following reasonable public notice and opportunity for public comment.
(1) Public notice shall specify:
(A) the purpose of the pilot program or special project;
(B) the term of the pilot program or special project;
(C) the effect upon any local rule of practice; and
(D) any requirement necessary to implement or facilitate the pilot program or special project.
(2) The term for a pilot program or special project shall not exceed 18 months, but may be extended for one six-month period in conjunction with the promulgation of a corresponding local rule.
D.C.COLO.LAPR 1.2
FORMS
Court approved forms are on the court’s website HERE. A form may be modified by the court or a judicial officer at any time. A form modified by a judicial officer may be under the judicial officer’s practice standards on the court’s website.
D.C.COLO.LAPR 3.1
CIVIL COVER SHEET
A properly completed Civil Cover Sheet HERE shall be filed at the commencement of every AP case. A dispute about the AP docket designation shall be addressed by motion filed before an answer or other response is due.
D.C.COLO.LAPR 5.2
PROTECTING THE IDENTITY, HISTORY, AND CHARACTERISTICS OF THE PLAINTIFF
(a) In a social security appeal all documents, including the administrative record, pleadings, briefs, and orders, are docketed automatically under Fed. R. Civ. P. 5.2(c) under Level 1 restriction as defined in D.C.COLO.LCivR 7.2(b) (Level 1 limits access to the parties and the court). Therefore, counsel or an unrepresented party shall not use the docket event “Restricted Document level 1” in social security appeals.
(b) An order resolving a social security appeal on the merits shall identify the plaintiff by initials only.
D.C.COLO.LAPR 10.2
COMMENCEMENT OF ACTION AND FORM OF PLEADING
(a) Social Security Appeals.
(1) Review of a decision of the Commissioner of Social Security shall be commenced by filing a "Complaint and Petition for Review" which shall identify the specific order or decision for which review is sought and the date of issuance of that order or decision.
(2) As an answer to the complaint, the Commissioner shall file a certified copy of the transcript of the relevant administrative record and any affirmative defense, which if not then filed, shall be waived.
(b) Bankruptcy Appeals. Appeals to the United States District Court for the District of Colorado from the Bankruptcy Court must be commenced and administered as prescribed in Part VIII of the Federal Rules of Bankruptcy Procedure 8001-8020.
(c) Administrative Appeals/Actions for Review of Final Agency Orders, Decisions, or Rulemaking. Review of an order, decision, rulemaking, or other final action of an administrative agency under an agency’s establishing statute or the Administrative Procedure Act is commenced by filing a properly denominated complaint or petition for relief as specified by the statute under which relief is requested. The complaint or petition for relief shall include factual allegations relating to the grounds on which the agency action is being challenged and the legal basis for plaintiff/petitioner’s entitlement to relief.
D.C.COLO.LAPR 10.3
AP DOCKET
Opening an AP Case. On proper commencement of any AP case under Subdivision (a), (b), or (c) of D.C.COLO.LAPR 10.2, the clerk shall open a case and assign a case number without random selection to a district judge under D.C.COLO.LCivR 40.1(e).
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, including environmental cases, is HERE.
(b) Briefing Schedule for Social Security Appeals.
(1) Briefing Schedule. Unless otherwise ordered, 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.
(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.
(c) Motions for Summary Judgment. Motions for summary judgment shall not be filed.
(d) 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).
D.C.COLO.LAPR 72.2
CONSENT JURISDICTION OF A MAGISTRATE JUDGE
(a) Designation. Under 28 U.S.C. § 636(c)(1) and subject to this rule, all full-time magistrate judges are designated specially to conduct any or all proceedings in social security appeals following completion of pre-merits management.
(b) Prohibition. No judicial officer, court official, or court employee may attempt to influence the granting or withholding of consent to the reference of any social security appeal to a magistrate judge. The form of notice of right to consent to disposition by a magistrate judge shall make reference to the prohibition and shall identify the rights being waived.
(c) Notice. On the filing of any social security appeal, the clerk shall serve on the plaintiff and defendant notice of the right of the parties to consent to disposition of the appeal by a magistrate judge under 28 U.S.C. § 636(c) and the provisions of this rule.
(d) Unanimous Consent; Determination. To consent to the jurisdiction of a magistrate judge under 28 U.S.C. § 636(c), all parties shall complete and file a Consent/Non-Consent to United States Magistrate Judge Jurisdiction form HERE. Unless otherwise ordered by the pre-merits district judge, written consent to proceed before a magistrate judge shall be filed no later than the date on which the Joint Case Management Plan is filed or for social security appeals no later than 45 days after the administrative record is filed. If the parties consent, the pre-merits district judge shall then determine whether to enter an order of reference under 28 U.S.C. § 636(c).
(e) Assignment. On entry of an order of reference under 28 U.S.C. § 636(c), the appeal shall be assigned under D.C.COLO.LCivR 40.1(a) to a magistrate judge effective on completion of pre-merits management.
(f) Vacating Reference. A reference of a social security appeal to a magistrate judge may be vacated under 28 U.S.C. § 636(c)(4).