Bowers v. Colvin

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 1/10/2014. SS Defendants Brief due by 2/10/2014. SS Plaintiffs Reply Brief due by 2/24/2014 by Judge John L. Kane on 11/21/13. (jjhsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-01428-AP STEPHEN H. BOWERS, 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: Michael W. Seckar 402 W. 12th Street Pueblo, CO 81003 Tel. (719) 543-8636 Fax (719) 543-8403 seckarlaw@mindspring.com For Defendant: Christina Valerio Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, 4169 Denver, Colorado 80294-4003 Tel. (303) 844- 7348 Fax (303) 844-0770 Christina.valerio@ssa.gov John F. Walsh United States Attorney J. Benedict Garcia Assistant United States Attorney District of Colorado -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: October 1, 2013 C. 4. Date Complaint Was Filed: June 3, 2013 Date Answer and Administrative Record Were Filed: November 1, 2013 STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties state to the best of their knowledge the record is adequate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties state to the best of their knowledge that the record is complete. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties state to the best of their knowledge that this case does not raise unusual claims or defenses. 7. OTHER MATTERS The parties state there are no other matters to bring to the attention of the Court. This case is not on appeal from a decision issued on remand from this court 8. PROPOSED BRIEFING SCHEDULE The parties request a briefing schedule one week outside of the standard briefing schedule to account for a large number of cases where answers were filed on the same day. A. Plaintiff's Opening Brief Due: January 10, 2014 B. Defendant’s Response Brief Due: February 10, 2014 C. Plaintiff’s Reply Brief (If Any) Due: February 24, 2014 -2- 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's Statement: Plaintiff 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 21st day of November, 2013. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: UNITED STATES ATTORNEY s/ Michael W. Seckar Michael W. Seckar 402 West 12th Street Pueblo, Colorado 81003 (719) 543-8636 seckarlaw@mindspring.com s/ Christina Valerio By: Christina Valerio Special Assistant U.S. Attorney Office of the General Counsel, SSA 1961 Stout Street, 4169 Denver, Colorado 80294-4003 (303) 844- 7348 christina.valerio@ssa.gov Attorneys for Defendant. Attorney for Plaintiff -3-

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