Hope v. Astrue

Filing 14

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 4/8/2013. SS Defendants Brief due by 5/8/2013. SS Plaintiffs Reply Brief due by 5/23/2013, by Judge John L. Kane on 2/27/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-03017-AP
JOHNNY L. HOPE, JR.,
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:
KATHLEEN W. ROBINSON
Attorney for Plaintiff
2001 York St.
Denver, CO 80205
Phone: [phone]
Email: [e-mail]

For Defendant:
JOHN F. WALSH
United States Attorney
1J. 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 16, 2012
Date Complaint Was Served on U.S. Attorney’s Office: December 13, 2012
Date Answer and Administrative Record Were Filed: February 7, 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. 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.
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.

Plaintiff’s Opening Brief Due: April 8, 2013
Defendant’s Response Brief Due: May 8, 2013
Plaintiff’s Reply Brief (If Any) Due: May 23, 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.

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 27th day of February, 2013.
BY THE COURT:
s/John L. Kane ______________
U.S. DISTRICT COURT JUDGE
APPROVED:
/s/ Kathleen W. Robinson
Kathleen W. Robinson
2001 York St
Denver CO 80205
303-329-6400 (phone)
[e-mail]

JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]

Attorney for Plaintiff
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