Butts v. Colvin

Filing 13

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER) SS Plaintiffs Brief due by 4/21/2014. SS Defendants Brief due by 5/21/2014. SS Plaintiffs Reply Brief due by 6/5/2014. By Judge John L. Kane on 2/24/2014. (klyon, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:13-cv-02172-AP Tamisha Butts, 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: Joseph A. Whitcompb, Esq. Rocky Mountain Disability Law Group 1391 Speer Boulevard, Suite 705 Denver, Colorado 80204 303-534-1954 303-534-1949 (facsimile) Joe@RMDLG.com For Defendant: Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 4169 Denver, Colorado 80294-4003 (303) 844-0815 stephanie.kiley@ssa.gov John F. Walsh United States Attorney 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). -1- 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. Date Complaint Was Served on U.S. Attorney's Office: December 6, 2013 C. 4. Date Complaint Was Filed: August 14, 2013 Date Answer and Administrative Record Were Filed: February 3, 2014 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 this case raises any unusual claims or defenses. 7. OTHER MATTERS The parties have 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. BRIEFING SCHEDULE Counsel for both parties conferred and request the following briefing schedule, which is outside of the standard time frame, due to Defendant’s caseload: A. Plaintiff's Opening Brief Due: April 21, 2014 B. Defendant’s Response Brief Due: May 21, 2014 C. Plaintiff’s Reply Brief (If Any) Due: June 5, 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. -2- 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 24th day of February, 2014. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: s/ /s/ Stephanie Lynn F. Kiley By: Joseph A. Whitcomb Rocky Mountain Disability Law Group 1391 Speer Blvd., Suite 705 Denver, CO 80204 303-534-1954 joe@RMDLG.com By: Stephanie Lynn F. Kiley Special Assistant U.S. Attorney 1001 17th Street, 6th Floor Denver, CO 80202 303-844-0815 stephanie.kiley@ssa.gov -3-

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