Hernandez v. Astrue

Filing 14

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 2/5/2013. SS Defendants Brief due by 3/7/2013. SS Plaintiffs Reply Brief due by 3/22/2013, by Judge John L. Kane on 12/12/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01783-AP
RUBEN JESSIE HERNANDEZ,

Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1.

APPEARANCES OF COUNSEL AND PRO SE PARTIES

For Plaintiff:
Michael W. Seckar, Esq.
402 W. 12th Street
Pueblo, Colorado 81003
719-543-8636
[e-mail]

For Defendant:
John F. Walsh
United States Attorney

J.B. García
Assistant United States Attorney
District of Colorado
DAVID BLOWER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street, 6th Floor
Denver, Colorado 80202
[phone]
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
The Court has jurisdiction based on section 205(g) of the Social Security Act, 42 U.S.C.
405(g).

3.

DATES OF FILING OF RELEVANT PLEADINGS
A. Date Complaint Was Filed:
7/10/12.
B. Date Complaint Was Served on U.S. Attorney's Office: 9/17/12.
C. Date Answer and Administrative Record Were Filed: 11/19/12.

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties state that the administrative record is complete
and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE
Neither party intends to submit additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL
CLAIMS OR DEFENSES
To the best of their knowledge, the parties do not believe the case raises unusual claims
or defenses.

7.

OTHER MATTERS
The parties have no other matters to bring to the attention of the court.

8.

BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule, which is outside the
standard 40 days due to Plaintiff’s counsel’s workload in December 2012 and January
2013:
A. Plaintiff's Opening Brief Due:
2/5/13.
B. Defendant's Response Brief Due: 3/7/13.
C. Plaintiff's Reply Brief (If Any) Due: 3/22/13.

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9.

STATEMENTS REGARDING ORAL ARGUMENT
A.
B.

10.

Plaintiff's Statement: Plaintiff does not request oral argument.
Defendant's Statement: Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
A.
( ) All parties have consented to the exercise of jurisdiction of a United States
Magistrate Judge.
B.
(X) All parties have not consented to the exercise of jurisdiction of a United States
Magistrate Judge.

11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR CONTINUANCES
MUST COMPLY WITH D.C.COLO.LCivR 7.1(C) BY SUBMITTING PROOF THAT A COPY
OF THE MOTION HAS BEEN SERVED UPON THE MOVING ATTORNEY'S CLIENT,
ALL ATTORNEYS OF RECORD, AND ALL PRO SE PARTIES.
The parties agree that the Joint Case Management Plan may be altered or amended only upon a
showing of good cause.

DATED this 12th day of December, 2012.
BY THE COURT:

s/John L. Kane__________
U.S. DISTRICT COURT JUDGE

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APPROVED:
For Plaintiff:

For Defendant:

s/Michael W. Seckar
Michael W. Seckar, Esq.
402 W. 12th Street
Pueblo, Colorado 81003
719-543-8636
[e-mail]

JOHN F. WALSH
United States Attorney
J.B. GARCIA
Assistant United States Attorney
District of Colorado
s/David Blower
By: David Blower
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street, 6th Floor
Denver, Colorado 80202
[phone]
[e-mail]

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