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, )

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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 (303) 534-1954 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 -1- Office of the General Counsel Social Security Administration 1001 17th St. Denver, Colorado 80202 (303) 844-7192 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. -2- 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 -3- APPROVED: UNITED STATES ATTORNEY s/Joseph A. Whitcomb Joseph A. Whitcomb, Esq. Attorney for Plaintiff 1391 Speer Blvd. Suite 705 Denver, CO 80204 Telephone: (303) 534-1954 s/ Michael S. Howard By: Michael S. Howard Special Assistant U.S. Attorney 1001 17th Street Denver, CO 80202 Telephone: (303) 844-7192 (as per email authorization) -4-

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