Harper v. Astrue

Filing 15

Joint Case Management Plan. SS Plaintiffs Brief due by 5/16/2013. SS Defendants Brief due by 6/17/2013. SS Plaintiffs Reply Brief due by 7/2/2013, by Judge John L. Kane on 3/26/13. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-00017-AP GEOFFREY C. HARPER, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant. Joint Case Management Plan 1. APPEARANCES OF COUNSEL For Plaintiff: For Defendant: Frederick W. Newall 730 N Weber #101 Colorado Springs, CO 80903 (719) 633-5211 fnewall@qwestoffice.net Daniel E. Burrows Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration 1001 17th St Denver, CO 80202 (303) 844-7356 daniel.burrows@ssa.gov 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION This Court has jurisdiction based on Social Security Act §§ 205(g) and 1631(c)(3), 42 U.S.C. §§ 405(g), 1383(c)(3) (2006). 3. DATES OF FILING RELEVANT PLEADINGS A. B. Date Complaint Was Served on U.S. Attorney’s Office: January 9, 2013 C. 4. Date Complaint Was Filed: January 4, 2013 Date Answer and Administrative Record Were Filed: March 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. However, the parties reserve the right to supplement the record if it is later discovered that evidence is missing. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Neither party intends 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 on appeal from a decision issued on remand. The parties have no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE A. Plaintiff’s Opening Brief Due: May 16, 2013 B. Defendant’s Response Brief Due: June 17, 2013 C. Plaintiff’s Reply Brief (If Any) Due: July 2, 2013 2 This is adjusted from the ordinary briefing schedule to accommodate Plaintiff’s attorney’s heavy briefing schedule in late April and early May. 9. 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 intend to 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 parties agree that the joint case management plan may be altered or amended only upon a showing of good cause. DATED this 26th day of March, 2013. BY THE COURT: _____________ U.S. DISTRICT COURT JUDGE s/John L. Kane 3 APPROVED: JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney s/ Daniel E. Burrows FOR FREDERICK W. NEWALL 730 N Weber #101 Colorado Springs, CO 80903 (719) 633-5211 fnewall@qwestoffice.net Attorney for Plaintiff s/ Daniel E. Burrows DANIEL E. BURROWS Special Assistant U.S. Attorney Social Security Administration Office of the General Counsel 1001 17th St Denver, CO 80202 (303) 844-7356 daniel.burrows@ssa.gov (SIGNED VIA ORAL AUTHORIZATION) Attorneys for Defendant 4

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