Tope v. Colvin

Filing 14

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 9/23/2013. SS Defendants Brief due by 10/23/2013. SS Plaintiffs Reply Brief due by 11/7/2013. By Judge John L. Kane on 8/12/13. (mnfsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-01178-AP RUSSELL TOPE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Robert C. Dawes ROBERT DAWES LLC PO Box 2547 Durango, CO 81302 Phone: (970) 375-1114 Fax: (970) 375-1118 rob@robdawes.com For Defendant: John F. Walsh United States Attorney J. Benedict GarcĂ­a Assistant United States Attorney United States Attorney's Office District of Colorado J.B.Garcia@usdoj.gov David I. Blower Special Assistant United States Attorney Denver, Colorado 80202 303-844-1571 303-844-0770 (facsimile) David.blower@ssa.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. Date Complaint Was Filed: 5/3/13 B. Date Complaint Was Served on U.S. Attorney's Office: 5/21/13 C. Date Answer and Administrative Record Were Filed: 7/22/13 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD To the best of his knowledge, Plaintiff states that the record is complete and accurate. To the best of her knowledge, Defendant states that the 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 state that this case does not raise unusual claims or defenses. 7. OTHER MATTERS The parties state that there are no other matters. 8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: 9/23/13 B. Defendant's Response Brief Due: 10/23/13 C. Plaintiff's Reply Brief (If Any) Due: 11/7/13 -2- 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's Statement: Plaintiff requests oral argument. Plaintiff is a very young individual with an unusual medical condition. Plaintiff's attorney requests that he be permitted to participate in such oral argument by telephone. 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 12th day of August, 2013. BY THE COURT: s/John L. Kane ______________ U.S. DISTRICT COURT JUDGE -3- APPROVED: John F. Walsh United States Attorney s/ Robert C. Dawes PO Box 2547 Durango, CO 81302 970-375-1114 970-375-1118 (facsimile) rob@robdawes.com Attorney for Plaintiff By: s/ David I. Blower Special Assistant U.S. Attorney 1001 17th Street Denver, CO 80202 303-844-1571 303-844-0770 (facsimile) David.blower@ssa.gov Attorneys for Defendant -4-

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