Peralta v. Colvin

Filing 12

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 12/16/2013. SS Defendants Brief due by 1/15/2014. SS Plaintiffs Reply Brief due by 1/30/2014. By Judge John L. Kane on 10/31/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-2013 -AP
Frank Peralta,
Plaintiff,
v.
Carolyn 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:
James M. Anderson
Anderson and Lopez, P.C.
4905 N. Union Blvd., Suite 302
Colorado Springs, Colorado 80918
[phone]
[e-mail]
For Defendant:
John F. Walsh
United States Attorney

Stephanie Lynn F. Kiley
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1961 Stout Street, 4169
Denver, Colorado 80294-4003
[phone]
[e-mail]

J.B. García
Assistant United States Attorney
District of Colorado

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).

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3. DATES OF FILING OF RELEVANT PLEADINGS
A.
B.

Date Complaint Was Served on U.S. Attorney's Office: August 20, 2013

C.
4.

Date Complaint Was Filed: July 30, 2013

Date Answer and Administrative Record Were Filed: October 21, 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

Neither party intends to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR
DEFENSES
The parties, to the best of their knowledge, do not believe the case raises unusual claims or
defenses.
7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court.
The parties state that this case is not on appeal from a decision issued on remand from this
Court.
8. BRIEFING SCHEDULE
A.

Plaintiff's Opening Brief Due: December 16, 2013

B.

Defendant’s Response Brief Due: January 15, 2014

C.

Plaintiff’s Reply Brief (If Any) Due: January 30, 2014

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
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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 31 day of October

, 20 13 .
BY THE COURT:

s/John L. Kane
U.S. DISTRICT COURT JUDGE

APPROVED:

UNITED STATES ATTORNEY

/s/James M. Anderson
James M. Anderson
Anderson and Lopez, P.C.
4095 N. Union Blvd., Suite 302
Colorado Springs, CO 80918
[e-mail]
Attorney for Plaintiff

/s/Stephanie Lynn F. Kiley
By: Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney
1961 Stout Street, 4169
Denver, Colorado 80294-4003
[e-mail]
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