Aragon v. Astrue
Filing
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JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES(ORDER). SS Plaintiffs Brief due by 6/25/2013. SS Defendants Brief due by 7/25/2013. SS Plaintiffs Reply Brief due by 8/9/2013. By Judge John L. Kane on 5/20/13. (mnfsl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-00529-AP
DAVID C. ARAGON,
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
Katie McClure, Esq.
Sawaya, Rose, McClure & Wilhite, P.C.
1600 Odgen Street
Denver, CO 80218
Telephone (303) 551-7701
E-mail: kmcclure@sawayalaw.com
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
(303) 844-7237
thayne.warner@ssa.gov
J. BENEDICT GARCIA
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
(303) 454-0100
JGarcia@usa.doj.gov
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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: April 3, 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, 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 25, 2013
C.
9.
Plaintiff’s Opening Brief Due: June 25, 2013
Plaintiff’s Reply Brief (If Any) Due: August 9, 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 20th day of May, 2013.
BY THE COURT:
s/John L. Kane ______________
U.S. DISTRICT COURT JUDGE
APPROVED:
s/Katie McClure
Sawaya, Rose, McClure & Wilhite, P.C.
1600 Ogden Street
Denver, CO 80218
Telephone (303) 551-7701
E-mail: kmcclure@sawayalaw.com
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
(303) 844-7237
thayne.warner@ssa.gov
Attorney for the Plaintiff
s/J. Benedict Garcia
J. Benedict Garcia
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
(303) 454-0100
E-mail: JGarcia@usa.doj.gov
Attorneys for Defendant.
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