Heald v. Astrue
Filing
9
JOINT CASE MANAGEMENT PLAN (ORDER). SS Plaintiffs Brief due by 7/8/2013. SS Defendants Brief due by 8/7/2013. SS Plaintiffs Reply Brief due by 8/22/2013. By Judge John L. Kane on 5/28/13. (mnfsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:13-cv-00522-AP
Marcia L. Heald,
Plaintiff,
v.
Carolyn W. Colvin,
Acting Commissioner of Social Security,1
Defendant.
JOINT CASE MANAGEMENT PLAN
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Christopher R. Alger
McDivitt Law Firm
1401 17th Street, Suite 500
Denver, CO 80202
(303) 426-4878
(303) 996-8569 (facsimile)
calger@mcdivittlaw.com
For Defendant:
John F. Walsh
United States Attorney
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).
J. Benedict García
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
J.B.Garcia@usdoj.gov
Alexess D. Rea
Special Assistant United States Attorney
Denver, Colorado 80202
303-844-7101
303-844-0770 (facsimile)
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.
B.
Date Complaint Was Served on U.S. Attorney's Office: March 5, 2013
C.
4.
Date Complaint Was Filed: February 28, 2013
Date Answer and Administrative Record Were Filed: May 6, 2013
STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties state that, to the best of their knowledge, the record is complete and accurate.
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
The parties are not aware of any other matters.
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8. BRIEFING SCHEDULE
A.
B.
C.
Plaintiff's Opening Brief Due: July 8, 2013
Defendant’s Response Brief Due: August 7, 2013
Plaintiff’s Reply Brief (If Any) Due: August 22, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A.
Plaintiff's Statement: Plaintiff does/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 28th day of May, 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/Christopher R. Alger
McDivitt Law Firm
1401 17th Street, Suite 500
Denver, CO 80202
(303) 426-4878
(303) 996-8569 (facsimile)
calger@mcdivittlaw.com
By: s/Alexess Rea
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-7101
303-844-0770 (facsimile)
Alexess.rea@ssa.gov
Attorney for Plaintiff
Attorneys for Defendant
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