Tarpley v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 6/4/2013. SS Defendants Brief due by 7/11/2013. SS Plaintiffs Reply Brief due by 7/26/2013, 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-03242-AP
ZARA D. TARPLEY,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,1
Defendant.

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Rachael A. Lundy
402 W. 12th Street
Pueblo, CO 81003
For Defendant:
John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney’s Office
[e-mail]
Kirsten A. Westerland
Special Assistant United States Attorney
1001 17th Street
Denver, Colorado 80202
303-844-1949
303-844-0770 (facsimile)
[e-mail]
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).
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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: 2/11/13

C.

4.

Date Complaint Was Filed: 12/12/12

Date Answer and Administrative Record Were Filed: 4/5/13

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

To the best of her knowledge, Plaintiff states that the record is complete and accurate.
To the best of her knowledge, Defendant states that the record is complete and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

The parties do not anticipate submitting additional evidence.

6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR
DEFENSES
The parties state that this case does not raise unusual claims or defenses.
7. OTHER MATTERS
The parties state that there are no other matters. This case is not on appeal from a decision
issued on remand.

8. BRIEFING SCHEDULE
A.

Plaintiff's Opening Brief Due: 6/4/13

B.

Defendant’s Response Brief Due: 7/11/13
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C.

Plaintiff’s Reply Brief (If Any) Due: 7/26/13

The parties agree to Defendant receiving more than 30 days to reply due to the Office of General
Counsel moving offices the week of June 30th, 2013 and will have limited internet access.

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 25th day of April, 2013.
BY THE COURT:

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

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APPROVED:
John F. Walsh
United States Attorney
s/ RachaelthA. Lundy
402 W. 12 Street
Pueblo, CO 81003
719-543-8636
719-543-8403 (facsimile)
[e-mail]

By: s/ Kirsten A. Westerland
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-1949
303-844-0770 (facsimile)
[e-mail]

Attorneys for Plaintiff

Of Counsel:
John Jay Lee
Regional Chief Counsel
1001 17th Street
Denver, CO 80202

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