West v. Astrue
Filing
12
Joint Case Management Plan. SS Plaintiffs Brief due by 4/19/2013. SS Defendants Brief due by 5/20/2013. SS Plaintiffs Reply Brief due by 6/4/2013, by Judge John L. Kane on 2/26/13. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03132-AP
REBECCA D. WEST,
Plaintiff,
v.
CAROLYN COLVIN, Acting Commissioner of Social Security,1
Defendant.
JOINT CASE MANAGEMENT PLAN
1.
APPEARANCES OF COUNSEL:
For Plaintiff:
For Defendant:
Patrick C.H. Spencer, II
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
(719) 632-4808
patrick@2spencers.com
Meghan Frei Berglind
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
(303) 244-8544
meghan.berglind@ssa.gov
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
This Court has jurisdiction based on Social Security Act § 205(g), 42 U.S.C. §
405(g)(2006).
3.
DATES OF FILING RELEVANT PLEADINGS
A.
Date Complaint Was Filed: November 30, 2012
B.
Date Complaint Was Served on the U.S. Attorney’s Office: December 4,
2012
C.
D.
4.
Date Answer Was Filed: February 5, 2013
Date Administrative Record Was 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
The parties do not intend 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 not an appeal from a decision issued on remand. Defendant has no
other matters to bring to the attention of the Court.
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8.
BRIEFING SCHEDULE
Because of conflicts with Plaintiff’s counsel calendar that would occur with an
earlier briefing schedule, the parties request that the opening brief be due approximately
60 days after the filing of this proposed Joint Case Management Plan.
A.
B.
Defendant’s Response Brief Due: May 20, 2013
C.
9.
Plaintiff’s Opening Brief Due: April 19, 2013
Plaintiff’s Reply Brief (If Any) Due: June 4, 2013
STATEMENTS REGARDING ORAL ARGUMENT
A.
B.
10.
Plaintiff’s Statement: Plaintiff does not request oral argument.
Defendant’s Statement: Defendant does not request oral argument.
CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE
JUDGE
The parties do not 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.
The joint case management plan may be altered or amended only upon a showing
of good cause.
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DATED this 26th day of February, 2013.
BY THE COURT:
s/John L. Kane _____________________
U.S. District Court Judge
APPROVED:
/s/Meghan Frei Berglind on behalf of
Patrick C.H. Spencer, II
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
Telephone: (719) 632-4808
patrick@2spencers.com
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
Attorney for Plaintiff
/s/ Meghan Frei Berglind
MEGHAN FREI BERGLIND
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 17th Street
Denver, CO 80202
Telephone: (303) 844-2544
meghan.berglind@ssa.gov
Attorneys for Defendant
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