Guzman v. Colvin

Filing 13

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 1/27/2014. SS Defendants Brief due by 3/7/2014. SS Plaintiffs Reply Brief due by 3/24/2014 by Judge John L. Kane on 12/16/13. (jjhsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-02192-AP GABRIEL GUZMAN, 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, Esq. 402 W. 12th Street Pueblo, CO 81003 Telephone: (719) 543-8636 Facsimile: (719) 543-8403 E-mail: seckarlaw@mindspring.com For Defendant: John F. Walsh United States Attorney James Burgess Special Assistant United States Attorney Assistant Regional Counsel Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 4169 Denver, CO 80294-4003 Telephone: (303) 844-1856 Email: james.burgess@ssa.gov J. BENEDICT GARCIA Assistant United States Attorney District of Colorado Email: J.B.Garcia@usdoj.gov 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 7, 2013 C. 4. Date Complaint Was Filed: August 15, 2013 Date Answer and Administrative Record Were Filed: November 26, 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 The parties do not anticipate submitting 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 unusual claims or defenses. 7. OTHER MATTERS There are no other matters anticipated. Plaintiff’s current claim does not involve any prior judicial proceedings. 8. BRIEFING SCHEDULE Attorneys for both parties agree to the following proposed briefing schedule: A. Plaintiff’s Opening Brief Due: January 27, 2014 B. Defendant’s Response Brief Due: March 7, 2014 C. Plaintiff’s Reply Brief (If Any) Due: March 24, 2014 The parties have agreed to extend the time for the Defendant’s response brief due to the Defendant’s counsel’s briefing schedule. OK/JLK 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff’s Statement: Plaintiff does not request oral argument. Defendant’s Statement: Defendant does not request oral argument. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge. 11. OTHER MATTERS 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. 12. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause. DATED this 16th day of December, 2013. BY THE COURT: S/John L. Kane___________ ___ U.S. DISTRICT COURT JUDGE APPROVED: s/Michael W. Seckar 402 W. 12th Street Pueblo, CO 81003 Telephone: (719) 543-8636 Facsimile: (719) 543-8403 E-mail: seckarlaw@mindspring.com Attorney for the Plaintiff JOHN F. WALSH United States Attorney s/James L. Burgess Special Assistant U.S. Attorney Assistant Regional Counsel Office of the General Counsel Social Security Administration 1961 Stout Street, Ste. 4169 Denver, CO 80294-4003 (303) 844-1856 James.burgess@ssa.gov J. Benedict Garcia Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 (303) 454-0100 E-mail: J.B.Garcia@usdoj.gov Attorneys for Defendant.

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