Order Concerning Courtroom Participation by Newer Attorneys in Civil Cases; Order Setting Settlement Conference; Order Setting Mediation Conference; Habeas Corpus Initial Order; Social Security Initial Order

=== Order Concerning Courtroom Participation by Newer Attorneys in Civil Cases ===

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE: STANDING ORDER CONCERNING COURTROOM PARTICIPATION BY NEWER ATTORNEYS IN CIVIL CASES MAGISTRATE JUDGE JENNIFER DOWDELL ARMSTRONG The Court is cognizant of the increasing trend of fewer civil cases proceeding to trial, and more generally for fewer opportunities for in-court speaking (so-called “stand-up”) engagements. This is especially true for newer attorneys; that is, attorneys who have been in practice seven years or less (“newer attorneys”), including but not limited to those attorneys who identify with groups that have been historically under-represented in the legal profession. The Court believes it is crucial to provide substantive speaking opportunities for newer attorneys and that doing so will benefit these attorneys, their clients, and the profession generally. Recognizing the importance of developing the next generation of practitioners through meaningful courtroom opportunities, the Court wants to encourage the active participation of newer attorneys in civil proceedings in my courtroom – particularly as to oral argument on motions where the newer attorney drafted, or contributed significantly to the drafting of, the memorandum in support or memorandum in opposition. To that end, the Court adopts the following procedures regarding oral argument on pending motions in civil cases: (1) Within 7 days after a motion is fully briefed, a newer attorney may file a written Request for Oral Argument, alerting the Court that, if argument is granted, the newer attorney will be responsible for presenting argument in favor of or in opposition to the motion. (2) Upon the filing of such notice, the Court will: Grant the request for oral argument on the motion, if it is practicable to do (A) so while remaining cognizant of the provisions of Local Rule 7.3. If the Court grants oral argument on the motion, it will issue an appropriate (B) scheduling order, and may, in its discretion, allocate additional time for argument beyond what might otherwise have been allocated were a newer attorney not arguing the motion. Permit more experienced counsel of record the ability to provide limited (C) assistance to the newer attorney who is arguing the motion, where appropriate during oral argument. Any newer attorney requesting oral argument is strongly encouraged, in counsel’s independent professional judgment, to have an experienced lawyer accompany the newer attorney. (3) If a request for oral argument is granted, opposing counsel is not required to have a newer lawyer to argue; it remains acceptable for a seasoned practitioner to argue the opposite side of the motion. The foregoing provisions shall not apply to cases that are subject to Local Rule 16.3.1, unless otherwise specifically ordered by this Court. Furthermore, the participation of newer attorneys in all court proceedings – including, but not limited to, preliminary pretrial Rule 16 conferences, pre-motion conferences, hearings on discovery disputes and motions, dispositive motions, final pretrial conferences, and examination of witnesses at trial or during evidentiary hearings – is strongly encouraged. All attorneys, including newer attorneys, will be held to the highest professional standards concerning oral argument or other in-court participation. Relatedly, all attorneys appearing before the Court are expected to be adequately prepared and thoroughly familiar with the factual record and the applicable law, and to have a degree of decision-making authority commensurate with the proceeding. The Court also recognizes that there may be many different circumstances in which it is not appropriate for a newer attorney to argue a motion or participate during in-court proceedings. Thus, the Court emphasizes it shall draw no inference from a party’s decision not to have a newer attorney argue a motion or participate during in-court proceedings. Additionally, the Court shall draw no inference about the importance of a particular motion, or the merits of a party’s argument regarding the motion, from the party’s decision to have (or not to have) a newer attorney argue the motion. The purpose of this Standing Order is to facilitate one generation teaching the next how to argue and try cases and to maintain and strengthen our district’s reputation for excellence in trial practice. Date:_______ s/ Jennifer Dowdell Armstrong_ JENNIFER DOWDELL ARMSTRONG UNITED STATES MAGISTRATE JUDGE N.B.: This order adapted from Standing Order Regarding Courtroom Opportunities for New Attorneys, promulgated by United States Magistrate Judge Christopher J. Burke of the District of Delaware on October 23, 2017, available at http://www.ded.uscourts.gov/sites/ded/files/ StandingOrder2017.pdf.

=== Order Setting Settlement Conference ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION , , Plaintiff, v. Defendant. CASE NO. JUDGE MAGISTRATE JUDGE JENNIFER DOWDELL ARMSTRONG ORDER SETTING SETTLEMENT CONFERENCE A settlement conference will be held in the above-captioned case on , ____, at __________, in Chambers 9b, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio, before the Honorable Jennifer Dowdell Armstrong, United States Magistrate Judge. All parties and their lead counsel are ORDERED TO APPEAR at that time. SETTLEMENT CONFERENCE PREPARATION Over 95% of civil cases settle prior to trial. Therefore, settlement preparation should be treated as seriously as trial preparation. Planning is essential because the party who is best prepared generally obtains the best result. The court has found the following steps are essential to a successful settelment conference A. FORMAT 1. ATTENDANCE OF ALL PARTIES REQUIRED. Parties with ultimate settlement authority must be personally present. Ultimate settlement authority means the authority to settle up to the full amount of the other sides’ demand. The conference shall be attended by all named individuals, as well as by an authorized representative of any named corporate, governmental, or other entity, together with trial counsel for each party. When the settlement decision will be made in whole or in part by an insurer, the insurer shall send a representative in person with full and complete authority to bind the company up to the value of the plaintiff’s claim and/or defendant’s claim. A governmental entity shall send a representative authorized to act on its behalf, and to bind the governmental entity up to the value of the plaintiff’s claim and/or defendant’s claim. A corporate entity shall send a representative with full and complete authority to bind the company up to the value of the plaintiff’s claim and/or defendant’s claim. If a party's authority is determined in advance of the settlement conference by a committee, board, or similar body, counsel shall notify the Court and opposing counsel no later than seven (7) days prior to the settlement conference. Moreover, the Court is mindful that, under certain very limited circumstances, an individual with full settlement authority up to the full amount of the demand may not be available to attend the conference. If such a situation arises, the party must file a written motion to excuse the presence of such a person no less than five (5) business days prior to the settlement conference. Parties with full settlement authority are expected to attend and will not be excused routinely. In the confidential statement referenced below, counsel shall identify the client representative(s) that will be attending and certify that the attending representative has full settlement authority up to the amount of the plaintiff’s claim and/or defendant’s claim. If a party fails to produce the appropriate person(s) at the conference (i.e., a representative(s) with full settlement authority), and the Court makes the determination that such failure negatively impacted the effectiveness of the conference, the Court may, in its discretion, order an award of costs and attorney fees incurred by the other parties in connection with the conference and/or other sanctions against the noncomplying party and/or counsel. The Court may also require the parties to return for a rescheduled settlement -2- conference with the appropriate person(s) present. 2. CONFIDENTIAL SETTLEMENT STATEMENT. Each party shall submit a confidential settlement statement to the Magistrate Judge no later than seven days prior to the settlement conference. The settlement statements shall not become a part of the file of the case, but shall be for the exclusive use of the Magistrate Judge in preparing for the settlement conference. The settlement statements shall include the current status of any and all settlement negotiations, a summary of the parties’ respective positions, and an outline of factual and damage allegations. If not already part of the Court file, copies of any critical documents, photographs, or other exhibits essential to the Court being able to grasp the party’s settlement position and/or case evaluation shall be attached to the settlement statement. The statement should contain enough information to be useful to Magistrate Judge Armstrong in analyzing the factual and legal issues in the case, but shall not exceed 10 pages. The parties are encouraged to be candid in their statements. The settlement statement shall not be filed with the clerk, but shall be emailed to the Magistrate Judge. The email address is [email protected]. Unless requested by all parties, copies of the settlement statement shall not be provided to the other parties in the case. Counsel shall file a motion seeking leave of court in order to submit a settlement statement containing exhibits that are greater than fifty (50) pages in length. The motion shall demonstrate good cause to exceed fifty (50) pages. If leave is granted, counsel shall provide two (2) hard copies of the statement and exhibits to Chambers 9B (in addition to emailing them as set forth above) no later than seven days prior to the settlement conference. The exhibits shall be properly tabbed and formated -3- 3. PRE-SETTLEMENT CONFERENCE DEMAND AND OFFER. A settlement conference is more likely to be productive if, before the conference, the parties have had a written exchange of their settlement proposals. Accordingly, by no later than 21days prior to the settlement conference, each counsel making affirmative claims for relief (“claimant’s counsel”) shall submit a written itemization of damages and settlement demand to opposing counsel with a brief explanation of why such a settlement is appropriate. No later than 14 days prior to the settlement conference opposing counsel shall submit a written offer to claimant’s counsel with a brief explanation of why such a settlement is appropriate. On occasion, this process will lead directly to a settlement. If settlement is not achieved, claimant’s counsel shall deliver by email copies of these demand letters and responses to Magistrate Judge Armstrong’s chambers no later than seven days prior to the settlement conference. Do not file copies of these papers with the Clerk’s Office. 4. SETTLEMENT FORMAT. The Court will generally use a format of opening presentations by each side followed by a joint discussion and private caucusing by the Court with each side. In some cases, however, the Court may initiate contact with counsel to begin discussions in advance of the settlement conference date. The Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute. 5. STATEMENTS INADMISSIBLE. Statements made by any party during the settlement conference are not and shall not be used in discovery and will be inadmissible at trial. Parties are encouraged to be frank and open in their discussions. The Court expects the parties to address each other with courtesy and respect. -4- B. ISSUES TO BE DISCUSSED AT SETTLEMENT CONFERENCE. Parties should be prepared to discuss the following at the settlement conference: 1. 2. 3. 4. 5. 6. 7. 8. 9. What are your objectives in the litigation? What issues (in and outside of this lawsuit) need to be resolved? What are the strengths and weaknesses of your case? Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? What are the points of agreement and disagreement between the parties? Factual? Legal? What are the impediments to settlement? What remedies are available through litigation or otherwise? Are there possibilities for a creative resolution of the dispute? Do you have adequate information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful settlement discussion possible? Are there outstanding liens? Do we need to include a representative of the lienholder? 10. What legal costs or case expenses will you incur to take the case through trial and appeal? C. INVOLVEMENT OF CLIENTS For many clients, this will be the first time they have participated in a court supervised settlement conference. Therefore, counsel shall provide their clients with a copy of this Standing Order and shall discuss with them the points contained herein prior to the settlement conference. D. REQUESTS TO RESCHEDULE CONFERENCE OR EXCUSE ATTENDANCE Any requests to reschedule settlement proceedings and/or excuse the in-person attendance of a named party or party representative must be set forth in a written motion. Such -5- motion must be filed no less than ten (days prior to the scheduled proceeding, absent extenuating circumstances. With regard to a motion to reschedule settlement proceedings, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that settlement proceedings be rescheduled or that named parties/party representatives be excused. IT IS SO ORDERED. Date: s/ Jennifer Dowdell Armstrong JENNIFER DOWDELL ARMSTRONG U.S. MAGISTRATE JUDGE -6-

=== Order Setting Mediation Conference ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION , , Plaintiff, v. Defendant. CASE NO. JUDGE MAGISTRATE JUDGE JENNIFER DOWDELL ARMSTRONG ORDER SETTING MEDIATION CONFERENCE A mediation conference will be held in the above-captioned case on , ____, at __________, in Chambers 9b, Carl B. Stokes United States Courthouse, 801 West Superior Avenue, Cleveland, Ohio, before the Honorable Jennifer Dowdell Armstrong, United States Magistrate Judge. All parties and their lead counsel are ORDERED TO APPEAR at that time. MEDIATION CONFERENCE PREPARATION Over 95% of civil cases settle prior to trial. Therefore, settlement preparation should be treated as seriously as trial preparation. Planning is essential because the party who is best prepared generally obtains the best result. The court has found the following steps are essential to a successful mediation conference. A. FORMAT 1. ATTENDANCE OF ALL PARTIES REQUIRED. Parties with ultimate settlement authority must be personally present. Ultimate settlement authority means the authority to settle up to the full amount of the other sides’ demand. The conference shall be attended by all named individuals, as well as by an authorized representative of any named corporate, governmental, or other entity, together with trial counsel for each party. When the mediation decision will be made in whole or in part by an insurer, the insurer shall send a representative in person with full and complete authority to bind the company up to the value of -1- the plaintiff’s claim and/or defendant’s claim. A governmental entity shall send a representative authorized to act on its behalf, and to bind the governmental entity up to the value of the plaintiff’s claim and/or defendant’s claim. A corporate entity shall send a representative with full and complete authority to bind the company up to the value of the plaintiff’s claim and/or defendant’s claim. If a party's authority is determined in advance of the mediation conference by a committee, board, or similar body, counsel shall notify the Court and opposing counsel no later than seven (7) days prior to the mediation conference. Moreover, the Court is mindful that, under certain very limited circumstances, an individual with full mediation authority up to the full amount of the demand may not be available to attend the conference. If such a situation arises, the party must file a written motion to excuse the presence of such a person no less than five (5) business days prior to the mediation conference. Parties with full mediation authority are expected to attend and will not be excused routinely. In the confidential statement referenced below, counsel shall identify the client representative(s) that will be attending and certify that the attending representative has full mediation authority up to the amount of the plaintiff’s claim and/or defendant’s claim. If a party fails to produce the appropriate person(s) at the conference (i.e., a representative(s) with full mediation authority), and the Court makes the determination that such failure negatively impacted the effectiveness of the conference, the Court may, in its discretion, order an award of costs and attorney fees incurred by the other parties in connection with the conference and/or other sanctions against the noncomplying party and/or counsel. The Court may also require the parties to return for a rescheduled mediation conference with the appropriate person(s) present. -2- 2. CONFIDENTIAL MEDIATION STATEMENT. Each party shall submit a confidential mediation statement to the Magistrate Judge no later than seven days prior to the mediation conference. The mediation statements shall not become a part of the file of the case, but shall be for the exclusive use of the Magistrate Judge in preparing for the mediation conference. The mediation statements shall include the current status of any and all mediation negotiations, a summary of the parties’ respective positions, and an outline of factual and damage allegations. If not already part of the Court file, copies of any critical documents, photographs, or other exhibits essential to the Court being able to grasp the party’s settlement position and/or case evaluation shall be attached to the mediation statement. The mediation statement should contain enough information to be useful to Magistrate Judge Armstrong in analyzing the factual and legal issues in the case, but it shall not exceed 10 pages. The parties are encouraged to be candid in their statements. The mediation statement shall not be filed with the clerk, but shall be emailed to the Magistrate Judge. The email address is [email protected]. Unless requested by all parties, copies of the mediation statement shall not be provided to the other parties in the case. Counsel shall file a motion seeking leave of court in order to submit a mediation statement containing exhibits that are greater than fifty (50) pages in length. The motion shall demonstrate good cause to exceed fifty (50) pages. If leave is granted, counsel shall provide two (2) hard copies of the statement and exhibits to Chambers 9B (in addition to emailing them as set forth above) no later than seven days prior to the mediation conference. The exhibits shall be properly tabbed and formated. -3- 3. PRE-MEDIATION CONFERENCE DEMAND AND OFFER. A mediation conference is more likely to be productive if, before the conference, the parties have had a written exchange of their mediation proposals. Accordingly, by no later than 21days prior to the mediation conference, each counsel making affirmative claims for relief (“claimant’s counsel”) shall submit a written itemization of damages and mediation demand to opposing counsel with a brief explanation of why such a mediation is appropriate. No later than 14 days prior to the mediation conference, opposing counsel shall submit a written offer to claimant’s counsel with a brief explanation of why such a mediation is appropriate. On occasion, this process will lead directly to a settlement. If settlement is not achieved, claimant’s counsel shall deliver by email copies of these demand letters and responses to Magistrate Judge Armstrong’s chambers no later than seven days prior to the settlement conference. Do not file copies of these papers with the Clerk’s Office. 4. MEDIATION FORMAT. The Court will generally use a format of opening presentations by each side followed by a joint discussion and private caucusing by the Court with each side. In some cases, however, the Court may initiate contact with counsel to begin discussions in advance of the mediation conference date. The Court expects both the lawyers and the party representatives to be fully prepared to participate. The Court encourages all parties to keep an open mind in order to reassess their previous positions and to find creative means for resolving the dispute. 5. STATEMENTS INADMISSIBLE. Statements made by any party during the mediation conference are not and shall not be used in discovery and will be inadmissible at trial. Parties are encouraged to be frank and open in their discussions. The Court expects the parties to address each other with courtesy and respect. -4- B. ISSUES TO BE DISCUSSED AT MEDIATION CONFERENCE. Parties should be prepared to discuss the following at the mediation conference: 1. 2. 3. 4. 5. 6. 7. 8. 9. What are your objectives in the litigation? What issues (in and outside of this lawsuit) need to be resolved? What are the strengths and weaknesses of your case? Do you understand the opposing side’s view of the case? What is wrong with their perception? What is right with their perception? What are the points of agreement and disagreement between the parties? Factual? Legal? What are the impediments to settlement? What remedies are available through litigation or otherwise? Are there possibilities for a creative resolution of the dispute? Do you have adequate information to discuss settlement? If not, how will you obtain sufficient information to make a meaningful mediation discussion possible? Are there outstanding liens? Do we need to include a representative of the lienholder? 10. What legal costs or case expenses will you incur to take the case through trial and appeal? C. INVOLVEMENT OF CLIENTS For many clients, this will be the first time they have participated in a court-supervised mediation conference. Therefore, counsel shall provide their clients with a copy of this Standing Order and shall discuss with them the points contained herein prior to the mediation conference. D. REQUESTS TO RESCHEDULE CONFERENCE OR EXCUSE ATTENDANCE Any requests to reschedule mediation proceedings and/or excuse the in-person attendance of a named party or party representative must be set forth in a written motion. Such -5- motion must be filed no less than ten (days prior to the scheduled proceeding, absent extenuating circumstances. With regard to a motion to reschedule mediation proceedings, the moving party (or parties, if it is a joint motion) must confer with opposing counsel and propose no less than three (3) alternative dates that are agreeable to all participants. Any request not complying with the above provisions will be denied. The Court will not entertain telephone calls or emails requesting that settlement proceedings be rescheduled or that named parties/party representatives be excused. IT IS SO ORDERED. Date: s/ Jennifer Dowdell Armstrong JENNIFER DOWDELL ARMSTRONG U.S. MAGISTRATE JUDGE -6-

=== Habeas Corpus Initial Order ===

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION __________________, Petitioner, v. _________________, Respondent. CASE NO. JUDGE MAGISTRATE JUDGE JENNIFER DOWDELL ARMSTRONG ORDER A petition, pursuant to 28 U.S.C. § 2254, has been filed in this Court. The Court, having examined the petition in accordance with Rule 4 of the Rules Governing § 2254 Proceedings, cannot determine from the face of the petition that Petitioner is not entitled to relief. THEREFORE, (1) (2) (3) Respondent shall file an answer (“Return of Writ”) to the petition within forty- five (45) days from the date of this order. The answer shall comply with Rule 5 of the Rules Governing § 2254 Cases, and shall address all legal issues raised in the petition. As part of the Return of Writ, Respondent shall furnish the Court with copies of all transcripts, journal entries, opinions, indictments, affidavits, orders, and docket sheets pertaining to the proceedings from which Petitioner seeks relief in this Court. Petitioner shall have thirty (30) days from the filing of Respondent’s answer/Return of Writ to reply thereto by filing a Traverse. Respondent shall have fifteen (15) days from the filing of Petitioner’s Traverse to respond thereto by filing a sur-reply. Respondent should respond to Petitioner’s Traverse when issues or arguments not addressed in the answer are raised. Briefs filed by the parties shall contain a summary of the facts and evidence upon which they rely and shall make specific reference to those portions of the record (Page or Exhibit Number) in support. Briefs shall contain statements of the applicable law and citations to relevant case and statutory authorities, and legal analysis of the claim at issue. Where applicable, multiple volumes of the record are preferred to a single massive, unwieldy volume. It is preferred that individual exhibits in the State Court Record be “book-marked.” If a dispositive motion is filed raising a statute of limitations defense, the movant shall attach documentation in support of the motion, including, but not limited to a certified copy of the docket. If the respondent claims the petition is time-barred, the respondent shall brief the merits unless there is United States Supreme Court or Sixth Circuit precedent directly on point in support of his or her statute of limitations argument. In addition, if the petitioner files a response arguing that the filing deadline should be excused, the respondent shall file a sur- reply, including all documents in support, within (14) days of the filing of petitioner’s response. If Respondent moves to dismiss a ground for relief on procedural default, he or she shall still brief the merits of the claim. When a party has a change of address, the party must immediately inform the Court of the new address or risk the waiver of his/her right to present arguments or the dismissal of his/ her case. Any request for an extension of any deadline must be made at least three (3) business days before the deadline date, but such requests will not be routinely granted. The Clerk of Court shall forward a copy of the petition and this Order to the Respondent. IT IS SO ORDERED. Date: ________ JENNIFER DOWDELL ARMSTRONG U.S. MAGISTRATE JUDGE -2- s/ Jennifer Dowdell Armstrong

=== Social Security Initial Order ===

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION __________________________ Plaintiff, v. Commissioner of Social Security, Defendant. Case No. United States District Judge Magistrate Judge Jennifer Dowdell Armstrong SOCIAL SECURITY INITIAL ORDER The plaintiff brings this action under 42 U.S.C. § 405(g) and/or 42 U.S.C. § 1383(c). It is before the Court either for entry of a Report and Recommendation or, upon consent of the parties, for entry of final judgment. IT IS HEREBY ORDERED: Plaintiff’s Mandatory Notice to the Government 1. Plaintiff’s counsel must (a) promptly email the case name, case number, and the social security number of the claimant (or the worker on whose wage record the application for benefits was filed) to the United States Attorney’s Office at [email protected] and [email protected] and (b) file a certificate with this Court confirming that such notice has been sent, either by separate filing or as an allegation in the complaint. See LR 9.1, 16.3.1(c). Initial Considerations 2. Unless otherwise ordered, proceedings and filings in this action are to proceed in accordance with LR 16.3.1. 3. The parties are strongly encouraged to discuss the potential abandonment of claims or defenses, the possibility of a joint motion for remand, the potential to consent to the jurisdiction of the magistrate judge pursuant to 28 U.S.C. § 636(c), and any other matter that could advance the efficient resolution of this appeal. Response to the Complaint 4. Unless a motion to dismiss is filed, the defendant must file a copy of the certified administrative record within 60 days of being served with the complaint. The filing of the transcript will suffice as the agency’s answer to the complaint. See LR 16.3.1(d). No extensions will be granted beyond this 60-day period unless the defendant shows extraordinary circumstances. Transcripts of the administrative record are not available online and may be filed without redactions, pursuant to LR 8.1(d). See also Fed. R. Civ. P. 5.2(b)(2), (c). Merits Briefing – Initial Considerations 5. The Court expects the parties to fully and fairly present all relevant evidence in the record—both favorable and unfavorable—in their briefing. The parties must identify in their briefs all the evidence they believe to be relevant to their claims or defenses. 6. Citations to the administrative record must be to the exact and specific transcript page number.1 If a factual assertion or legal argument relying upon the record is offered without citation, the Court likely will not consider it. 7. A party’s briefing must concisely set forth the relevant statutes, regulations, caselaw, and other authority supportive of their position. Any facts relied upon in the argument or analysis section of a brief must be set forth in the facts section. 8. Briefs must conform to the formatting requirements of LR 10.1, including in that the main body of the text must be double-spaced except for quoted material. Additionally, briefs must be in 12-point font. Footnotes may be single-spaced but must be at least in 11-point font. 1 Do not cite to the electronic PageID# at the top of the document. 2 9. A party seeking an extension of any briefing deadline must file a motion at least three business days before the deadline date; the motion must state whether the request is opposed. The Court will not grant extensions as a matter of routine; parties must show good cause for their requests. Indeed, the Court strongly encourages the parties to file their submissions at the earliest feasible date. Merits Briefing – Plaintiff’s Brief on the Merits 10. Within 45 days of the filing of the certified administrative record, the plaintiff must file their primary submission captioned “Plaintiff’s Brief on the Merits.” See LR 16.3.1(e)(1). If the plaintiff fails to file their primary submission on time, the case may be subject to dismissal for want of prosecution without further notice. 11. The brief must include (a) a list of the legal issues presented for decision; (b) a statement of the relevant facts with specific citations to the record; and (c) a legal analysis providing specific arguments in support of each issue presented, supported by specific references and citations to the relevant evidence, statutes, caselaw, and other materials supportive of the plaintiff’s position. The submission shall state with particularity the grounds for any relief sought and the legal arguments in support, and shall conclude with a statement of the relief sought. 12. The plaintiff’s submission may not exceed 25 pages. See LR 16.3.1(e)(4). Merits Briefing – Defendant’s Brief on the Merits 13. Within 45 days of the filing of the plaintiff’s brief on the merits, the defendant must file a response to the plaintiff’s primary submission captioned “Defendant’s Brief on the Merits.” See LR 16.3.1(e)(2). If the defendant fails to file a responsive submission on time, review may be undertaken based on the plaintiff’s brief only. 3 14. The defense brief must include (a) a statement of the relevant facts with specific citations to the record and (b) a legal analysis providing specific arguments in response to each issue presented in the plaintiff’s brief, supported by specific references and citations to the relevant evidence, statutes, caselaw, and other materials supportive of the defendant’s position. 15. The defendant’s submission may not exceed 25 pages. See LR 16.3.1(e)(4). Merits Briefing – Optional Reply Brief 16. If the plaintiff chooses to respond to the defendant’s brief, the plaintiff must file the response—captioned as “Plaintiff’s Reply Brief”—within 14 days of the filing of the defendant’s brief. See LR 16.3.1(e)(3). 17. The reply brief may not exceed 10 pages. See LR 16.3.1(e)(4). Dated: __________ /s/ Jennifer Dowdell Armstrong JENNIFER DOWDELL ARMSTRONG UNITED STATES MAGISTRATE JUDGE 4