Marquez v. Colvin et al

Filing 15

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 6/17/2013. SS Defendants Brief due by 7/17/2013. SS Plaintiffs Reply Brief due by 7/31/2013. By Judge John L. Kane on 5/21/13. (mnfsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 13-cv-00434-AP GERALD A. MARQUEZ, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES: For Plaintiff: For Defendant: ANN J. ATKINSON Attorney at Law 7960 S. Ireland Way Aurora, CO 80016-1904 Tele: 303-680-1881 Fax: 303-680-7891 AtkinsonAJ@aol.com JOHN F. WALSH, United States Attorney District of Colorado J. BENEDICT GARCQA, Assistant United States Attorney United States Attorney’s Office District of Colorado 1225 - 17th St., #700 Denver, CO 80202 ALEXESS REA, Special Assistant U.S. Attorney Social Security Administration Office of the General Counsel 1001 Seventeenth St. Denver, CO 80202 303-844-7101 alexess.rea@ssa.gov 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. Date Complaint was filed: February 19, 2013 B. Date Complaint was served on U.S. Attorney’s office: March 1, 2013. C. Date Answer and Administrative Record were filed: April 30, 2013. 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD: The Administrative Record appears to be complete, except Plaintiff notes that there are inaudible portions of the hearing transcript. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES. There are no unusual claims or defenses in this case. 7. OTHER MATTERS There are no other matters to bring to the Court’s attention. 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: July 31, 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 A. ( ) All parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. B. ( X ) All parties have NOT consented to the exercise of jurisdiction of a United States Magistrate Judge. 11. OTHER MATTERS 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 ATTORNEY’S OF RECORD, AND ALL PRO SE PARTIES. 12. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause. DATED this 21st day of May, 2013. BY THE COURT s/John L. Kane_____________ U.S. DISTRICT COURT JUDGE APPROVED: s/ Ann J. Atkinson Ann J. Atkinson, Attorney at Law 7960 South Ireland Way Aurora, CO 80016-1904 Tele: 303-680-1881 Fax: 303-680-7891 atkinsonaj@aol.com UNITED STATES ATTORNEY s/ Alexess D. Rea By: Alexess Rea, Esq. Special Assistant U.S. Attorney 1001 Seventeenth St. Denver, CO 80202 Tele: 303-844-7101 Fax: 303-844-0770 alexess.rea@ssa.gov

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