Vigil v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 5/27/2013. SS Defendants Brief due by 6/26/2013. SS Plaintiffs Reply Brief due by 7/11/2013, by Judge John L. Kane on 4/19/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-02806-AP
DIANA VIGIL,
Plaintiff,
v.
CAROLYN W. COLVIN,1
Acting Commissioner of Social Security,
Defendant.
______________________________________________________________________________
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
______________________________________________________________________________
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Nicholas Purifoy
Disability Professionals
5020 Bob Billings Parkway
Suite B
Lawrence, Kansas 66049
[phone]
[e-mail]

For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
THAYNE WARNER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: [phone]
[e-mail]

1 Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule
25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for Michael J. Astrue as the
defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section
205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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:
November 8, 2012
Date Complaint Was Served on U.S. Attorney’s Office: January 29, 2013
Date Answer and Administrative Record Were Filed: March 28, 2013

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

The parties, to the best of their knowledge, state that the administrative record is complete and
accurate.
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. With regard to prior judicial involvement, the parties note
that this matter is not a matter on remand from this or any other court.
8.

BRIEFING SCHEDULE
A.
B.
C.

9.

May 27, 2013
June 26, 2013
July 11, 2013

STATEMENTS REGARDING ORAL ARGUMENT
A.
B.

10.

Plaintiff’s Opening Brief Due:
Defendant’s Response Brief Due:
Plaintiff’s Reply Brief (If Any) Due:

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

Both parties consent 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 19th day of April, 2013.
BY THE COURT:

s/John L. Kane ______________
U.S. DISTRICT COURT JUDGE
APPROVED:
/s/ Nicholas Purifoy
Nicholas D. Purifoy
Disability Professionals
5020 Bob Billings Parkway, Ste. B
Lawrence, KS 66049
Telephone [phone]
E-mail:
[e-mail]
Attorney for Plaintiff

JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
By: /s/ M. Thayne Warner
M. Thayne Warner
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: [phone]
[e-mail]
Attorneys for Defendant