FILED
UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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STANDING SCHEDULING ORDER - SOCIAL SECURlrY CASE
Unless otherwise ordered by the Court, the parties shall U ' 1 F,ifo l.ti,e f&lii>Cving
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Scheduling Order. To the extent any prior scheduling order was entered in this case, the terms
and conditions of this Scheduling Order shall be controlling. Further, to the extent that the
CM/ECF notification system automatically enters deadlines that are inconsistent with any
deadline specifically addressed in this Scheduling Order, the terms and conditions of this
Scheduling Order shall be controlling.
I. Deadlines:
(a) Defendant shall file the Administrative Record no later than 60 Days
following service of the Complaint on the agency, the Attorney General
and the United States Attorney.
(b) Within 60 Days after the filing of the Administrative Record, the plaintiff
must serve and file a Motion for Order Reversing the Commissioner's
Decision, or for other relief, and a supporting memorandum.
(c) Within 60 Days after the plaintiff files a Motion for Order Reversing the
Commissioner's Decision, the defendant must serve and file a Motion for
Order Affirming the Decision of the Commissioner, and a supporting
memorandum.
(d) The Court will construe the defendant's motion and supporting
memorandum as a response to plaintiff's motion and memorandum.
Thus, within 14 Days after the defendant files a Motion for Order
Affirming the Decision of the Commissioner, and a supporting
memorandum, the plaintiff may file a reply pursuant to Local Rule 7(d).
(e) After 7 months from the filing of the complaint, if there is no action by
either party, a Local Rule 41 (a) notice will issue.
(f) Any Motion for Attorney's Fees under the Equal Access to Justice Act, 28
U.S.C. § 2412, shall be filed no later than 30 Days from the date a
judgment becomes final. [The date of entry of judgment starts the 60-day
period for appeal. After the expiration of these 60 days, a party has the
30 days specified by the Equal Access to Justice Act to file a Motion for
Attorney's Fees]. A party filing such a Motion must attest therein that he
or she first attempted to settle the issue of attorney fees under the Equal
Access to Justice Act with opposing counsel.
11. Requests for Extensions of Time:
(a) Given the deadlines set in Section I supra, requests for extensions of
time are discouraged, and unless circumstances dictate otherwise,
counsel should generally not seek extensions.
111. Form and Content of Motions and Supporting Memoranda:
(a) In accordance with Local Rule 7(a)(2), except by permission of the Court,
briefs or memoranda of law shall not exceed forty (40) pages. In cases
where the administrative record is not voluminous or novel issues of law
have not been raised, the Court would appreciate counsel limiting their
briefs or memoranda of law to twenty-five (25) pages.
(b) Consistent with the Electronic Filing Order in Social Security Cases, all
documents filed electronically, including the Administrative Record, must
be filed in OCR text searchable PDF format.
(c) All motions and memoranda filed with the Clerk shall meet the following
requirements:
(1) all text in the body of the document must be double-
spaced, except that text in block quotations and footnotes
may be single-spaced;
(2) extensive footnotes and block quotations may not be used
to circumvent page limitations;
(3) documents must have one-inch margins on all four sides;
and
(4) pages must be consecutively numbered.
(d) The parties should avoid boilerplate discussions of the governing legal
standards as the Court is familiar with the standard of review and the
sequential evaluation process employed in the analysis of Social Security
disability applications. The parties should focus on informing the court of
relevant and controlling legal authority and applying it to the facts of this
case.
(e) Additionally, to expedite the Court's consideration of these motions,
counsel for the parties must confer to prepare a Stipulation of Facts
based on the administrative record. The Stipulation of Facts shall contain
page citations to the administrative record and be filed as a separate
document contemporaneously with the plaintiff's motion . In the unusual
case in which some of the factual disputes remain, plaintiff shall file as an
exhibit to his or her motion a statement containing those remaining
disputed facts, again with specific citations to the record. Counsel for
plaintiff must also provide the court with an affidavit detailing the efforts
made to reach agreement as to the material facts.
(f) Unless defendant files a motion for voluntary remand, defendant shall
file, as an exhibit to its motion, a response to plaintiff's statement
containing disputed facts, either (1) agreeing with the statement as
presented or (2) disagreeing with the statement or (3) indicating any
material omissions. Once again, any submission must contain specific
citations to the record supporting each assertion in the statement.
SO ORDERED at New Haven, Connecticut.
/s/ Janet C. Hall
Janet}). Hall, Chief Judge
Unite!'d States District Court
Rev 7126/2018