Kurvink v. Astrue
Filing
9
Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 12/7/2012. SS Defendants Brief due by 1/7/2013. SS Plaintiffs Reply Brief due by 1/22/2013, by Judge John L. Kane on 10/25/12. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01949-AP
MIRIAM KURVINK,
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:
K. Machelle Gielarowski
712 N. Tejon St., Ste. 1
Colorado Springs, CO 80903
Telephone (719) 264-0729
E-mail: Giellaw@comcast.net
For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
J.B.Garcia@usdoj.gov
THAYNE WARNER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: (303) 844-7237
thayne.warner@ssa.gov
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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.
B.
C.
4.
Date Complaint Was Filed:
July 26, 2012
Date Complaint Was Served on U.S. Attorney’s Office: August 2, 2012
Date Answer and Administrative Record Were Filed: October 1, 2012
STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties, to the best of their knowledge, state that the administrative record is complete and
accurate. However, the Plaintiff reserves the right to supplement the record if necessary at the time
of the Opening Brief.
5.
STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence.
6.
STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS
OR DEFENSES
The parties, to the best of their knowledge, do not believe this case raises unusual claims or
defenses.
7.
OTHER MATTERS
There are no other matters anticipated.
8.
BRIEFING SCHEDULE
Due to a scheduling conflict, counsel for Plaintiff requests a deadline 4 days later than the deadline
by calculation. Counsel for Defendant does not object.
A.
B.
C.
9.
Plaintiff’s Opening Brief Due:
Defendant’s Response Brief Due:
Plaintiff’s Reply Brief (If Any) Due:
December 7, 2012
January 7, 2013
January 22, 2013
STATEMENTS REGARDING ORAL ARGUMENT
A.
B.
Plaintiff’s Statement: Plaintiff does not request oral argument.
Defendant’s Statement: Defendant does not request oral argument.
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10.
CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.
11.
OTHER MATTERS
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.
12.
AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
The parties agree that the Joint Case Management Plan may be altered or amended only upon a
showing of good cause.
DATED this 25th day of October, 2012.
BY THE COURT:
s/John L. Kane
________
U.S. DISTRICT COURT JUDGE
APPROVED:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
J.B.Garcia@usdoj.gov
/s/ K. Machelle Gielarowski
712 N. Tejon St., Ste. 1
Colorado Springs, CO 80903
Telephone (719) 264-0729
E-mail: Giellaw@comcast.net
Attorney for Plaintiff
By: /s/ M. Thayne Warner
M. Thayne Warner
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: (303) 844-7237
thayne.warner@ssa.gov
Attorneys for Defendant
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