9.1 Social Security
and Black Lung Cases
- Form of Complaint. A complaint filed pursuant
to Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g),
for benefits under Titles II, XVI, or XVIII of the Social Security
Act, or Part B, Title VI, of the Federal Coal Mine Health and
Safety Act, must contain, in the first paragraph of the complaint,
the last four digits of the social security number of:
- the worker on whose wage record the application
for benefits is filed, regardless whether the worker is the
- the plaintiff.
On the defendant's request, the plaintiff must separately disclose
the complete social security number of the worker or the plaintiff,
but the defendant must not disclose or otherwise use the complete
number except by leave of court or in accordance with law.
- Summary Judgment Motions Required. Unless otherwise directed by the presiding judge, all parties
to actions filed under 42 U.S.C. § 405(g) must file motions for
summary judgment within 30 days after the answer is filed.
LR 10.1 Required Form
In addition to the requirements of the
Federal Rules of Civil Procedure, each pleading, motion, or other
- contain on its face a title clearly identifying
each included pleading, motion, or other paper;
- contain a signature block that sets forth the attorney's
bar number for the jurisdiction in which the attorney is admitted
to practice, and a facsimile number and e-mail address where information may be sent
to the attorney;
- use a page size of 8 1/2 x 11 inches;
- be typed, printed, or legibly handwritten on numbered
- when submitted on paper, unless otherwise provided by the local civil rules or order of the presiding judge,
be two-hole punched at the top and either stapled in the upper,
left-hand corner or secured with a durable fastener at the top.
LR 11.1 Electronic Signature
- What Constitutes Electronic Signature. The signature of an attorney who submits a pleading, motion, or other paper for filing by electronic means is the login and password issued to the attorney by the clerk.
- Requirements for Electronic Signature. An attorney who submits a document for filing by electronic means must place on the document an “s/” and the typed name of the attorney, or a graphical signature, in the space where the attorney’s signature would have appeared had the document been submitted on paper.
- Certification of Signature of Another Person. By submitting a document by electronic means and representing the consent of another person on the document, an attorney who submits the document certifies that the document has been properly signed.
- Requirements for Another Person’s Electronic Signature. An attorney who submits a document by electronic means that is signed by another person—including by a moving party under LR 40.1—must:
- include a scanned image of the other person’s signature, or represent the consent of the other person in a manner permitted or required by the presiding judge; and
- maintain the signed paper copy of the document for one year after final disposition of the case.
LR 15.1 Motions to Amend
- When Filed on Paper. When a party files a motion for leave to file an amended pleading
that, if leave is granted, will be filed on paper, the party must attach a copy of the proposed amended pleading as an exhibit
to the motion. The party must also submit with the motion an original
and a judge's copy of the proposed pleading. The original
and judge's copy must neither be physically attached to the motion nor made
exhibits to the motion. The original of the proposed pleading must
contain the original signature of the signing attorney. If leave is granted, the clerk will file the original of the amended pleading.
- When Filed by Electronic Means. When a party files by electronic means a motion for leave to file an amended pleading, the party must attach the proposed amended pleading to the motion as an exhibit. If leave is granted, the amended pleading will be deemed filed as of the date of the order granting leave, or as otherwise specified by the presiding judge, and the clerk will file a copy of the amended pleading.
LR 16.1 Exemptions from
Pretrial Scheduling and Management
The following categories of cases are exempt from
the scheduling and planning requirements of Fed. R. Civ. P. 16(b):
- actions for social security benefits, including
appeals from decisions of the Secretary of Health and Human Services,
and black lung cases subject to LR 9.1;
- prisoner civil rights complaints filed pursuant
to 42 U.S.C. § 1981 et seq.;
- forfeiture actions;
- cases filed by the United States Attorney for collection
of promissory notes payable to the United States or any government
- bankruptcy appeals;
- cases involving pro se plaintiffs;
- habeas corpus complaints filed pursuant to 28 U.S.C.
§ 2254 or § 2255;
- petitions for enforcement of an Internal Revenue
- actions for review of the administrative action
of any federal agency; and
- all cases not reported by the clerk for statistical
purposes as filed cases.
LR 16.2 Authority of Magistrate
Judges as to Scheduling Orders
Unless the presiding judge otherwise directs, a magistrate
judge shall have the authority under Fed. R. Civ. P. 16(b) to enter
and modify scheduling orders.
LR 16.3 Settlement
- Settlement Negotiations. Parties
in a civil action must make good-faith efforts to settle. Settlement
negotiations must begin at the earliest possible time, well in advance
of any pretrial conference.
- Settlement Conferences. A judge will
be available for settlement discussions. In nonjury cases the presiding
judge will not discuss settlement figures unless requested to do
so by all concerned parties.
LR 16.4 Pretrial Order
Unless otherwise directed by the presiding judge,
a pretrial order must be submitted to the presiding judge at least
14 days before the scheduled date for trial. All attorneys are responsible
for preparing the pretrial order, which must contain the following:
- a summary of the claims and defenses of each party;
- a statement of stipulated facts;
- a list of contested issues of fact;
- a list of contested issues of law;
- an estimate of the length of trial;
- a list of any additional matters that might aid
in the disposition of the case;
- the signature of each attorney; and
- a place for the date and the signature of the presiding
LR 23.1 Complaint
A complaint alleging a class action must bear in its
title the designation "COMPLAINT--CLASS ACTION," and must
contain a separate heading entitled "Class Action Allegations."
LR 23.2 Motion for Certification;
Within 90 days of filing a class action complaint,
or at such other time as the presiding judge by order directs, an
attorney for the plaintiff must move for certification. A brief
must accompany the motion for certification and must specifically
set out the following:
- the appropriate sections of Fed. R. Civ. P. 23
under which the suit is properly maintainable as a class action;
- specific factual allegations concerning the alleged
- the approximate number of class members;
- the definition of the class and any subclasses;
- the distinguishing and common characteristics
of class members, such as geography, time, and common financial
- questions of law and fact that are common to
the class; and
- in actions asserting a class under Fed. R.
Civ. P. 23(b)(3), allegations concerning the findings required
by that section;
- the basis of the named plaintiff's claim to be
an adequate representative of the class, including financial responsibility
to fund the action;
- the basis for determining any required jurisdictional
- the type and estimated expense of notice to be
given to class members, and the source of funds from which notice
costs will be paid;
- the discovery necessary for a class certification
hearing and the estimated time necessary for such discovery; and
- all arrangements for payment of plaintiffs' attorney's
LR 23.3 Class Notice Responses
- Once a case is conditionally certified as a class
action and the presiding judge requires that notice be given to
potential class members, the following rules apply:
- if there are fewer than 1,000 potential class
members, the presiding judge may require that notification
responses be sent directly to the clerk; but
- if there are 1,000 or more potential class
members, the presiding judge may require that notification
responses be sent to a United States Postal Service box in
the name of the clerk. Plaintiff must pay the fees for the
box, but such fees will be taxed as costs.
- The presiding judge may name an individual to collect,
account for, and tabulate notice responses. Plaintiff must pay
such individual a reasonable fee for these services, as determined
by the presiding judge, but such fee will be taxed as costs.
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