Warner v. Colvin

Filing 9

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 11/12/2013. SS Defendants Brief due by 12/12/2013. SS Plaintiffs Reply Brief due by 12/30/2013. By Judge John L. Kane on 9/30/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-01689-AP
Heath A. Warner,
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:
Christopher R. Alger
McDivitt Law Firm
1401 17th Street, Suite 500
Denver, CO 80202
[phone]
[phone] (facsimile)
[e-mail]
For Defendant:
John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
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Alexess D. Rea
Special Assistant United States Attorney
1961 Stout, Suite 4169
Denver, Colorado 80294-4003
303-844-7101
303-844-0770 (facsimile)
[e-mail]
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: July 10, 2013

C.

4.

Date Complaint Was Filed: June 26, 2013

Date Answer and Administrative Record Were Filed: September 9, 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. This case is not on appeal from a decision issued
on remand from this court.
8. BRIEFING SCHEDULE
A.
B.
C.

Plaintiff's Opening Brief Due: November 12, 2013
Defendant’s Response Brief Due: December 12, 2013
Plaintiff’s Reply Brief (If Any) Due: December 30, 2013
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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 30th day of September, 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

By: s/ Alexess D. Rea

Christopher R. Alger

Alexess D. Rea

McDivitt Law Firm
1401 17th Street, Suite 500
Denver, CO 80202
[phone]
[phone] (facsimile)
[e-mail]

Special Assistant U.S. Attorney
1961 Stout St., Suite 4169
Denver, CO 80294-4003
[phone]
[phone] (facsimile)
[e-mail]

Attorney for Plaintiff

Attorneys for Defendant

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