Martinez v. Astrue

Filing 15

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 7/1/2013. SS Defendants Brief due by 7/31/2013. SS Plaintiffs Reply Brief due by 8/15/2013, by Judge John L. Kane on 4/25/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03239-AP
Donna Martinez,
Plaintiff,
v.
Carolyn W. Colvin,
Acting Commissioner of Social Security,1
Defendant.

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1

Error! Main Document Only.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).
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1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Patrick C.H. Spencer, II
Spencer & Spencer, P.C.
830 Tenderfoot Hill Rd., #320
Colorado Springs, CO 80906
[phone]
[phone] (facsimile)
[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
[e-mail]
Alexess D. Rea
Special Assistant United States Attorney
Denver, Colorado 80202
303-844-7101
303-844-0770 (facsimile)
[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 9, 2013

C.

4.

Date Complaint Was Filed: December 12, 2012

Date Answer and Administrative Record Were Filed: March 7, 2013

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

To the best of their knowledge, the parties state that the record is complete and accurate.

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5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

The parties do not anticipate any additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR
DEFENSES
The parties state that this case does not appear to raise unusual claims or defenses.
7. OTHER MATTERS
This case is before the Court on appeal following a prior remand by the United States District
Court for the District of Colorado, the Honorable Christine Arguello, case no. 09-cv-00668-CMA.
8. BRIEFING SCHEDULE
Counsel for both parties conferred and agreed upon the following proposed briefing schedule.
Due to Plaintiff’s counsel’s schedule and conflicts with commitments in other cases, the parties
have agreed to a briefing schedule outside the normal timeframes. OK/ JLK
A.
B.
C.

Plaintiff's Opening Brief Due: July 1, 2013
Defendant’s Response Brief Due: July 31, 2013
Plaintiff’s Reply Brief (If Any) Due: August 15, 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
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upon a showing of good cause.

DATED this 25th day of April, 2013.
BY THE COURT:
s/John L. Kane

U.S. DISTRICT COURT JUDGE

APPROVED:
John F. Walsh
United States Attorney
s/ Patrick Spencer

By: s/Alexess Rea

Spencer & Spencer, P.C.
830 Tenderfoot Hill Rd., #320
Colorado Springs, CO 80906
[phone]
[phone] (facsimile)
[e-mail]

Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-7101
303-844-0770 (facsimile)
[e-mail]

Attorney for Plaintiff

Attorneys for Defendant

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