Crabb v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 3/18/2013. SS Defendants Brief due by 4/17/2013. SS Plaintiffs Reply Brief due by 5/2/2013, by Judge John L. Kane on 2/5/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02935-AP
J. K. Crabb,
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:
Christopher R. Alger
McDivittthLaw Firm
1401 17 Street, Suite 300
Denver, CO 80202
303-426-4878
[e-mail]
For Defendant:
John F. Walsh
United States Attorney

Stephanie Lynn F. Kiley
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, Colorado 80202
[phone]
[e-mail]

J.B. García
Assistant United States Attorney
District of Colorado

2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
The Court has jurisdiction based on section 205(g) of the Social Security Act, 42
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U.S.C. § 405(g).
3. DATES OF FILING OF RELEVANT PLEADINGS
A.

B.

Date Complaint Was Served on U.S. Attorney's Office: November 15, 2012

C.

4.

Date Complaint Was Filed: November 8, 2012

Date Answer and Administrative Record Were Filed: January 14, 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. Plaintiff reserves the right to supplement the record in this case with any presently
undisclosed evidence from the administrative record. Defendant states that the only relevant
evidence in this appeal is that which was before the agency at the time of the agency’s decision.
In the event Plaintiff believes the certified administrative record filed with this Court does not
include all of the evidence that was before the agency at the time of the agency’s decision,
Defendant requests that Plaintiff submit the evidence to agency counsel to resolve the issue.
5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

Neither party intends to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR
DEFENSES
The parties, to the best of their knowledge, do not believe the cases 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 request the following briefing schedule within the standard time frame:
A.

Plaintiff's Opening Brief Due: March 18, 2013

B.

Defendant’s Response Brief Due: April 17, 2013

C.

Plaintiff’s Reply Brief (If Any) Due: May 2, 2013

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9. STATEMENTS REGARDING ORAL ARGUMENT
A.

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

B.

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

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
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 5th day of February, 2013.
BY THE COURT:
s/John L. Kane

U.S. DISTRICT COURT JUDGE
APPROVED:
ATTORY FOR PLAINTIFF

UNITED STATES ATTORNEY

/s/ Christopher R. Alger

/s/ Stephanie Lynn F. Kiley

By: Christopher R. Alger
McDivitt Law Firm
1401 17th Street, Suite 300
Denver, CO 80202
303-426-4878
[e-mail]

By: Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney
1001 17th Street, 6th Floor
Denver, CO 80202
303-844-0815
[e-mail]
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