Gates v. Colvin

Filing 15

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 8/7/2013. SS Defendants Brief due by 9/6/2013. SS Plaintiffs Reply Brief due by 9/24/2013. By Judge John L. Kane on 6/28/13. (mnfsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-938-AP CHRISTOPHER R. GATES, 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: Tracy Stewart Stewart Law Office, PC 123 N. College Ave., Ste. 200 Fort Collins, CO 80524 Phone: (970) 402-9584 Email: tracy@stewart-law-offices.com For Defendant: John F. Walsh United States Attorney James L. Burgess Special Assistant United States Attorney Office of the General Counsel Social Security Administration-Region VIII 1001 17th Street, Sixth Floor Denver, CO 80218 Phone: (303) 844-1856 Email: james.burgess@ssa.gov J. Benedict García Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 Email: J.B.Garcia@usdoj.gov -1- 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 18, 2013 C. 4. Date Complaint Was Filed: April 11, 2013 Date Answer and Administrative Record Were Filed: June 14, 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. 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. 8. BRIEFING SCHEDULE Attorneys for both parties agree to the following proposed briefing schedule: A. Plaintiff's Opening Brief Due: August 7, 2013 B. Defendant’s Response Brief Due: September 6, 2013 C. Plaintiff’s Reply Brief (If Any) Due: September 24, 2013 -2- 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 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 June, 2013. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE -3- APPROVED: JOHN F. WALSH UNITED STATES ATTORNEY J. Benedict García Assistant United States Attorney s/ Tracy Stewart Stewart Law Office, PC 123 N. College Ave., Ste. 200 Fort Collins, CO 80524 Phone: (970) 402-9584 Email: tracy@stewart-law-offices.com Counsel for Plaintiff s/ James L. Burgess Special Assistant United States Attorney Assistant Regional Counsel Office of the General Counsel Social Security Administration-Region VIII 1001 17th Street, Sixth Floor Denver, CO 80218 Phone: (303) 844-1856 Email: james.burgess@ssa.gov Counsel for Defendant -4-

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