Cary v. Colvin

Filing 18

Joint Case Management Plan for Social Security Case. SS Plaintiffs Brief due by 1/21/2013. SS Defendants Brief due by 2/18/2014. SS Plaintiffs Reply Brief due by 3/4/2014 by Judge John L. Kane on 12/09/13. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02225- AP
JULIE ANNE CARY,
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:
Julie Anne Cary
4554 Cathay St.
Denver, CO 80249
720-771-1246
Pro se
For Defendant:
John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney’s Office
[e-mail]
Allan D. Berger
Special Assistant United States Attorney
Social Security Administration, Region VIII
Office of the General Counsel
1961 Stout Street, Suite 4169
Denver, Colorado 80294-4003
303-844-2149
303-844-0770 (facsimile)
[e-mail]
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1.A.

EXPLANATION OF SIGNATURES

The parties agree to the dates contained in this document. However, Plaintiff’s signature
appears on a document with incorrect dates. This came about due to a miscommunication. The
parties attempted to come to an agreement on a plan within the time frames originally set by the
Court. Since Plaintiff is pro-se, the parties wanted an actual, rather than an electronic signature.
Defendant’s counsel sent Plaintiff a plan. But, by the time she received it, the parties had to ask
for an extension of time. Plaintiff signed the plan sent to her, which provided for an opening brief
date of December 18, 2013 (see attached). Upon receipt of the signed plan, Defendant’s
counsel realized that the time frames were incorrect and, on December 5, 2013, contacted
Plaintiff. Defendant’s counsel and Plaintiff agreed to change the dates so that Plaintiff’s opening
brief is due 40 days after the submission of the plan. The new dates are reflected in this
document. The parties have agreed to submit this plan to the Court with Plaintiff’s signature on
the now outdated plan so that there is no need to delay the case further. OK - JLK
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: August 21, 2013

C.

4.

Date Complaint Was Filed: August 19, 2013

Date Answer and Administrative Record Were Filed: October 18, 2013

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

To the best of her knowledge, Plaintiff states that the record is complete and accurate.
To the best of her knowledge, Defendant states that the 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 state that this case does not raise unusual claims or defenses.
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7.

OTHER MATTERS

The parties state that there are no other matters.

8.

BRIEFING SCHEDULE

A.

Plaintiff's Opening Brief Due: January 21, 2013

B.

Defendant’s Response Brief Due: February 18, 2014

C.

Plaintiff’s Reply Brief (If Any) Due: March 4, 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.

10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
A.

B.

11.

(

)

(X)

All parties have consented to the exercise of jurisdiction of a
United States Magistrate Judge.
All parties have not consented to the exercise of jurisdiction of a
United States Magistrate Judge.

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 9th day of December, 2013.
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BY THE COURT:
s/John L. Kane

U.S. DISTRICT COURT JUDGE

UNITED STATES ATTORNEY
APPROVED:
John F. Walsh
United States Attorney
s/ Julie A. Cary
4554 Cathay
Denver, CO 80249
720-771-1246
Pro-se

By: s/Allan D. Berger
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
1961 Stout Street, Suite 4169
Denver, CO 80294-5003
303-844-2149
303-844-0770 (facsimile)
[e-mail]
Attorneys for Defendant

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