Richards v. Colvin

Filing 13

ORDER- JOINT CASE MANAGEMENT PLAN. SS Plaintiffs Brief due by 5/5/2014. SS Defendants Brief due by 6/4/2014. SS Plaintiffs Reply Brief due by 6/19/2014. By Judge John L. Kane on 2/27/2014. (trlee, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. No. 13-cv-02203-AP JO AN RICHARDS, 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: 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: Christina J. Valerio Assistant Regional Counsel Social Security Administration Office of General Counsel Region VIII 1961 Stout, Suite 4169 Denver, CO 80294 Telephone: (303) 844-7348 Facsimile: (303) 844-0770 Christina.valerio@ssa.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 -1- U.S.C. § 405(g). 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. Date Complaint Was Served on U.S. Attorney's Office: January 2, 2014 C. 4. Date Complaint Was Filed: August 16, 2013 Date Answer and Administrative Record Were Filed: February 4, 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: May 5, 2014 B. Defendant’s Response Brief Due: June 4, 2014 C. Plaintiff’s Reply Brief (If Any) Due: June 19, 2014 1 The proposed briefing schedule departs from the ordinary briefing schedule by several weeks due to both parties having several briefs due in April and May. -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 27th day of February, 2014. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE -3- JOHN F. WALSH UNITED STATES ATTORNEY APPROVED: 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 J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney’s Office District of Colorado s/ Christina J. Valerio Christina J. Valerio Assistant Regional Counsel Social Security Administration Office of General Counsel, Region VIII 1961 Stout, Suite 4169 Denver, CO 80294 Telephone: (303) 844-7348 Facsimile: (303) 844-0770 Christina.valerio@ssa.gov -4-

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