Kleis v. Astrue

Filing 9

Joint Case Management Plan. SS Plaintiffs Brief due by 4/15/2013. SS Defendants Brief due by 5/15/2013. SS Plaintiffs Reply Brief due by 5/30/2013, by Judge John L. Kane on 2/25/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03067-AP
WILLIAM H. KLEIS,
Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner of Social Security,1
Defendant.

Joint Case Management Plan

1.

APPEARANCES OF COUNSEL

For Plaintiff:

For Defendant:

K. Machelle Gielarowski
712 N Tejon St
Suite 1
Colorado Springs, CO 80903
[phone]
[e-mail]

Daniel E. Burrows
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

2.

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STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER
JURISDICTION

Carolyn W. Colvin became the Acting Commissioner on February 14, 2013. Pursuant to
Fed. R. Civ. P. 25(d), she 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 Social Security Act § 205(g), 42 U.S.C. § 405(g) (2006).

This Court has jurisdiction based on § 205(g) and Social Security Act
§ 1631(c)(3), 42 U.S.C. § 1383(c)(3) (2006).
3.

DATES OF FILING RELEVANT PLEADINGS
A.
B.

Date Complaint Was Served on U.S. Attorney’s Office: December 10, 2012

C.
4.

Date Complaint Was Filed: November 21, 2012

Date Answer and Administrative Record Were Filed: February 5, 2013

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe the administrative record is

complete and accurate.
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 do not believe this case raises any unusual claims or defenses.

7.

OTHER MATTERS
This case is on appeal from a decision issued on remand. The original case was

Klies v. Astrue, Civil Action No. 09-cv-02787-MSK (D. Colo.). Judge Marcia Krieger
made oral findings and conclusions and ordered the case remanded on June 3, 2011.
Judgment was entered on June 9, 2011. The parties have no other matters to bring to the
attention of the Court.
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8.

BRIEFING SCHEDULE
A.

Plaintiff’s Opening Brief Due: April 15, 2013

B.

Defendant’s Response Brief Due: May 15, 2013

C.

Plaintiff’s Reply Brief (If Any) Due: May 30, 2013

This departs from the usual briefing schedule in Social Security cases because
Plaintiff’s attorney expects to be out of the country for several weeks in March and April.
9.

STATEMENTS REGARDING ORAL ARGUMENT
A.

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

B.

Defendant’s Statement: Defendant requests oral argument. Agency counsel

anticipates that briefing in this case may raise legal issues that are not frequently
addressed in the course of litigation under the Social Security Act. Therefore, the Acting
Commissioner believes oral argument would be helpful for illuminating and clarifying the
parties’ positions.
10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE
JUDGE
All parties intend to consent to the exercise of jurisdiction by a magistrate judge.

11.

AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with

D.C.COLO.LCivR 6.1(E) 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.
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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 February, 2013.
BY THE COURT:

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

APPROVED:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney

s/ Daniel E. Burrows for
K. MACHELLE GIELAROWSKI
712 N Tejon St
Suite 1
Colorado Springs, CO 80903
[phone]
[e-mail]

s/ Daniel E. Burrows
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

Attorney for Plaintiff
(SIGNED PER ELECTRONIC
AUTHORIZATION)

Attorneys for Defendant

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