Saltsgaver v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 4/3/2013. SS Defendants Brief due by 5/3/2013. SS Plaintiffs Reply Brief due by 5/20/2013, by Judge John L. Kane on 2/28/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-03039-AP
RANDY SALTSGAVER,
Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner of Social Security1
Social Security Administration,
Defendant.

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Gail C. Harriss
GAIL C. HARRISS, LLC
450 S. Camino del Rio, Suite 201
Durango, CO 81301
Telephone: [phone]
Fax: [phone]
[e-mail]

For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCIA
Assistant United States Attorney
District of Colorado
Daniel E. Burrows
Social Security Administration
Office of the General Counsel
1001 17th Street, 6th Floor
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. Date Complaint Was Filed: November 19, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: December 18, 2012
C. Date Answer and Administrative Record Were Filed: February 7, 2013
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: To the best of his knowledge the Record is complete.
Defendant states: To the best of his knowledge, the Record is complete.

5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states: None anticipated
Defendant states: None anticipated.

6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS
OR DEFENSES
Plaintiff states: To the best of his knowledge, this case does not involve unusual claims
or defenses.
Defendant states: To the best of his knowledge, this case does not involve unusual
claims or defenses.
7. OTHER MATTERS
Plaintiff states: None anticipated
Defendant states: None anticipated.
The Parties state that this case is not on appeal from a decision issued on remand from
this court.

8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: April 3, 2013
B. Defendant's Response Brief Due: May 3, 2013
C. Plaintiff's Reply Brief (If Any) Due: May 20, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Oral Argument is not requested.
B. Defendant's Statement: Oral Argument is not requested.

10. 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 28th day of February, 2013.
BY THE COURT:

s/John L. Kane ________
U.S. DISTRICT COURT JUDGE

APPROVED:
For Plaintiff:
s/Gail C. Harriss
Gail C. Harriss
GAIL C. HARRISS, LLC
450 S. Camino del Rio, Suite 201
Durango, CO 81301
Telephone: [phone]
Fax: [phone]
[e-mail]

For Defendant:
By: s/Daniel E. Burrows
Daniel E. Burrows
Social Security Administration
Office of the General Counsel
1001 17th Street, 6th Floor
Denver, CO 80202
Telephone: [phone]
[e-mail]