Social Security Initial Order; Order Concerning Courtroom Participation by Newer Attorneys in Civil Cases

=== Social Security Initial Order ===

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Plaintiff, v. Defendant, CASE NO. JUDGE MAGISTRATE JUDGE REUBEN J. SHEPERD SOCIAL SECURITY STANDING ORDER This action brought pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3), has been referred for entry of a Report and Recommended pursuant to 28 U.S.C. § 636(b) and Local Civil Rule 72.2(b).1 or, with the consent of the parties, for entry of final judgment pursuant to Local Civil Rule 16.3.1. To ensure a prompt and efficient decision on the issue presented, it is ordered that the parties are to comply with the following requirements: Plaintiff’s Mandatory Notice to the Government: 1. Pursuant to Local Civil Rule 16.3.1(c), Plaintiff’s counsel shall; (a) immediately email the case name, case number, and social security number of the claimant or the worker on whose wage record for benefits was filed to the United States Attorney’s Office at [email protected] and the office of regional counsel at [email protected]; and (b) 1 The requirements of this Initial Order shall also govern proceedings in the event the parties consent to the jurisdiction of the Magistrate Judge under 28 U.S.C. § 636(c). 1 file a certificate with this Court confirming that such notice has been sent, either by separate filing or as an allegation in the complaint. Initial Considerations: 2. The Court establishes the following schedule for disposition of this action in accordance with Local Civil Rule 16.3.1. The Court notes that Rules 6 and 7 of the Supplemental Rules for Social Security Review Actions Under 42 U.S.C. § 405(g) (effective Dec. 1, 2022) provide a different schedule than adopted herein. However, the Court exercises the discretion afforded by Supplemental Rules and opts to follow the Local Civil Rule. 3. The parties are strongly encouraged to discuss the potential abandonment of claims or defenses, remand actions,2 and the potential to consent to the jurisdiction of the Magistrate Judge pursuant to 28 U.S.C. § 636(c). Response to Complaint: 4. The Commissioner must, within 60 days of being served with the complaint, file a copy of the certified administrative record which shall suffice as an answer to the complaint, unless a motion to dismiss is filed. Plaintiff’s Brief on the Merits: 5. Within 45 days of the filing of the certified administrative record, Plaintiff must file a primary submission entitled: Plaintiff’s Brief on the Merits. The brief must not exceed 25 pages in length, exclusive of addenda. Although a 45-day period for filing is allowed, this Court expects that such submission will be filed at the earliest possible date. Failure to file a merits 2 If, after conferring, Plaintiff or the Commissioner opt to abandon certain arguments, the parties must promptly notify the Court. 2 brief within 45 days after the answer may result in a recommendation of dismissal for want of prosecution without further notice. Commissioner’s Brief on the Merits: 6. Within 45 days of the filing of Plaintiff’s brief on the merits, the Commissioner shall file a responsive brief entitled: Commissioner’s Opposition Brief. The brief must not exceed 25 pages in length, exclusive of addenda. Although a 45-day period for filing is allowed, this Court expects that such submission will be filed at the earliest possible date. If no opposition brief is filed within the allowed period, the Court may review Plaintiff’s claims on Plaintiff’s brief alone. Plaintiff’s Reply Brief: 7. Within 14 days after the Commissioner submits an opposition brief, Plaintiff may file a reply brief. Plaintiff’s reply brief may only address issues raised in the Commissioner’s brief, may not raise new issues, and may not reiterate previous arguments. No reply brief may exceed 10 pages. Extensions: 8. This Court will not grant extensions other than on motions demonstrating extraordinary circumstances. Further, any request for an extension of time must be filed at least five days prior to the filing deadline and must indicate whether consent to the extension was sought and/or obtained from the opposing party. Failure to comply with this requirement may result in denial of the request for extension. Requirements for Briefs: 9. The Court requires specific content in briefs on the merits and replies. These requirements are intended to allow each side to identify all essential facts upon which their 3 position is based, to argue for their interpretation of how the law should be applied to those facts, and to eliminate the requirement that the Court search the record for facts not identified by the parties as essential to the determination of the case. 10. Each party’s brief must contain: a. An enumerated Statement of Legal Issues involved in the case. Requirements specifically applicable to Plaintiff’s Statement of Legal Issues are set forth in Paragraph 11 below. Commissioner’s specific requirements are set forth in Paragraph 12 below. b. A Statement of Facts setting forth the facts essential to the determination of the action. Each fact must be supported by a specific reference to the transcript page number on which that fact is found. For example, a citation to a medical finding on page 20 of exhibit 8F and corresponding to page 300 of the administrative transcript should be cited as (Tr. 300), and not as (8F/20). The Statement of Facts must accurately recite the record in a neutral tone without argument, coloring, or spin. Arguments should be in the Argument section, not in the Statement of Facts. Any fact in the transcript not referred to in a party’s Statement of Facts may be deemed non-essential to the determination of the issues presented. c. An Argument containing the party’s analysis and advocacy concerning the issues to be decided. Commissioner’s brief must specifically respond to the issues raised by Plaintiff. d. A Conclusion setting forth the specific relief sought by the party. 11. Plaintiff’s Argument section must address each of the Commissioner’s findings that Plaintiff claims does not have the support of substantial evidence by citing specific 4 references to the evidence in the transcript supporting Plaintiff’s arguments. Under this Order, Plaintiff must file the first brief. 12. The Commissioner’s brief must contain specific transcript references to the evidence that the Commissioner claims sustain the position that substantial evidence supports the decision at issue. IT IS SO ORDERED. Dated: ________________ REUBEN J. SHEPERD UNITED STATES MAGISTRATE JUDGE 5

=== 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 REUBEN J. SHEPERD The Court acknowledges the increasing trend of fewer civil cases proceedings to trial, and more generally, fewer opportunities for in-court engagements. This is especially true for 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 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, I 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, I adopt the following procedures regarding oral argument on pending motions in civil cases: (1) Within seven days after a motion is fully briefed, a newer attorney may alert the Court by a docketed notice that, if oral argument is granted, the noticing party intends to have a newer attorney argue the motion. Any other party may file a 1 similar notice addressing counsel’s desire to staff the argument with a newer attorney, but the Court will not entertain opposition briefing or lengthy memoranda. (2) Upon the filing of such notice, the Court will: (A) Grant the request for oral argument on the motion, if it is practicable to do so while remaining cognizant of the provisions of Local Civil Rule 7.3. (B) If the Court grants oral argument on the motion, it will issue an appropriate 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. (C) Permit more experienced counsel of record the ability to provide limited 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 attorney 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 Civil 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, Local Civil Rule 16.3 conference, pre-motion conferences, hearings on discovery 2 disputes and motions, dispositive motions, final pretrial conferences, and examination of witness trial ordering 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 will 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 will 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. IT IS SO ORDERED. Dated:_____________ REUBEN J. SHEPERD UNITED STATES MAGISTRATE JUDGE 3