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Once case is referred, if no proof of service received within 60 days, court will issue order to show cause. If transcript is not filed within 120 days, order to show cause is issued. If still not received, remanded to afford plaintiff a de novo hearing. If no answer is filed within 120 days of service, an order to show cause will be issued. Once transcript and answer received, court issues scheduling order giving plaintiff 3 weeks to file motion for summary judgment, defendant 3 weeks to file cross motion, plaintiff 1 week to respond. If motion not received within time limit, notice for further proceedings issued. If not filed within 14 days from notice, report and recommendation prepared without the briefs. Oral argument never set in these cases.

Fee petitions, if referred, must contain itemized statement of time spent, copy of notice of award, copy of fee agreement with client, proof of service of petition upon plaintiff and Assistant U.S. Attorney. Petition will be reviewed regardless of whether government files a response. Oral arguments not set on fee petitions.


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