Watkins v. Astrue

Filing 13

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 6/28/2013. SS Defendants Brief due by 7/29/2013. SS Plaintiffs Reply Brief due by 8/13/2013. By Judge John L. Kane on 5/28/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00517-AP
MARK WATKINS,
Plaintiff,
v.
CAROLYN W. 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:
John F. Walsh
United States Attorney

Kristina Vasold, Esq.
Sawaya, Rose, McClure & Wilhite, P.C.
1600 Odgen Street
Denver, CO 80218
Telephone [phone]
E-mail: [e-mail]

M. Thayne Warner
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
[phone]

[e-mail]
J. BENEDICT GARCIA
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
[phone]

[e-mail]

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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: March 15, 2013

C.

4.

Date Complaint Was Filed: February 27, 2013

Date Answer and Administrative Record Were Filed: May 10, 2013

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

The parties, to the best of their knowledge, state that the administrative record is complete and
accurate. However, the Plaintiff reserves the right to supplement the record if necessary at the time
of the Opening Brief.

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, to the best of their knowledge, do not believe this case raises unusual claims or
defenses.

7.

OTHER MATTERS

There are no other matters anticipated. Plaintiff’s current claim does not involve any prior judicial
proceedings.

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8.

BRIEFING SCHEDULE
Attorneys for both parties agree to the following proposed briefing schedule:
A.
B.

Defendant’s Response Brief Due: July 29, 2013

C.

9.

Plaintiff’s Opening Brief Due: June 28, 2013

Plaintiff’s Reply Brief (If Any) Due: August 13, 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

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
ATTORNEYS 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.

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DATED this 28th day of May, 2013.
BY THE COURT:

s/John L. Kane__________________________
U.S. DISTRICT COURT JUDGE
APPROVED:
s/Kristina J. Vasold
Sawaya, Rose, McClure & Wilhite, P.C.
1600 Ogden Street
Denver, CO 80218
Telephone [phone]
E-mail: [e-mail]

JOHN F. WALSH
United States Attorney
s/M. Thayne Warner
Special Assistant
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 90202
[phone]
[e-mail]

Attorney for the Plaintiff

J. Benedict Garcia
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
[phone]
E-mail: [e-mail]

Attorneys for Defendant.

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