Caro v. Astrue

Filing 18

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 6/17/2013. SS Defendants Brief due by 7/17/2013. SS Plaintiffs Reply Brief due by 8/1/2013 by Judge John L. Kane on 05/08/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03069-AP
CARRIE L. CARO,
Plaintiff,
v.
CAROLYN W. COLVIN,
Defendant.

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:

Joseph A. Whitcomb, Esq.
Attorney for Plaintiff
1391 Speer Blvd., Suite 705
Denver, CO 80204
[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
Michael Howard
Special Assistant United States Attorney
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Office of the General Counsel
Social Security Administration
1001 17th St.
Denver, Colorado 80202
[phone]
[e-mail]
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.

Date Complaint Was Served on U.S. Attorney's Office: January 10, 2013

C.

4.

Date Complaint Was Filed: November 21, 2012

Date Answer and Administrative Record Were Filed: April 15, 20131

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

The parties, to the best of their knowledge, state that the administrative record is complete and
accurate. Notwithstanding, the parties would reserve objections regarding the adequacy of the
record for the parties’ respective briefs on the merits of the case.
5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

The parties do not intend 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 case raises unusual claims or
defenses.
7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court. This case was not
previously remanded by the Court.

1

Defendant filed a motion for leave to file this answer out of time, which the Court granted. Dkt. 14.

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8. BRIEFING SCHEDULE
A.

Plaintiff's Opening Brief Due: June 17, 2013

B.

Defendant’s Response Brief Due: July 17, 2013

C.

Plaintiff’s Reply Brief (If Any) Due: August 1, 2013

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 8th day of May, 2013.
BY THE COURT:
s/John L. Kane

U.S. DISTRICT COURT JUDGE
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APPROVED:

UNITED STATES ATTORNEY

s/Joseph A. Whitcomb
Joseph A. Whitcomb, Esq.
Attorney for Plaintiff
1391 Speer Blvd. Suite 705
Denver, CO 80204
Telephone: [phone]

s/ Michael S. Howard
By: Michael S. Howard
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
Telephone: [phone]
[e-mail]

[e-mail]

(as per email authorization)

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