Foltz v. Colvin

Filing 12

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 2/14/2014. SS Defendants Brief due by 3/17/2014. SS Plaintiffs Reply Brief due by 4/1/2014. By Judge John L. Kane on 12/12/13. (mnfsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02530-AP
Timothy Gene Foltz,
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:
Gail C. Harriss
450 S. Camino del Rio, Suite 201
Durango, CO 81301
970-247-4411
[e-mail]
For Defendant:
John F. Walsh
United States Attorney
J.B. García
Assistant United States Attorney
District of Colorado

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

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: September 30, 2013

C.
4.

Date Complaint Was Filed: September 17, 2013

Date Answer and Administrative Record Were Filed: November 22, 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

The parties request the following briefing schedule:
A.

Plaintiff's Opening Brief Due: February 14, 2014

B.

Defendant’s Response Brief Due: March 17, 2014

C.

Plaintiff’s Reply Brief (If Any) Due: April 1, 2014

The reason plaintiff is seeking additional time within which to file her Opening Brief is that
plaintiff’s counsel has: a Reply Brief due in USDC on January 3, 2013 (Green v. Colvin); an
Opening Brief due in USDC on January 6, 2013 (Cocozza v. Colvin); two social security
hearings scheduled on January 7, 2014; one social security hearing scheduled on January 9,
2014; an Opening Brief due in USDC on January 14, 2014 (Barker v. Colvin); two social

security hearings scheduled on January 15, 2014; one worker’s compensation hearing
scheduled on January 21, 2014; one worker’s compensation hearing scheduled on January 23,
2014; and a social security hearing scheduled on February 13, 2014. Plaintiff’s counsel will
also be out of the office, on a pre-arranged vacation, from January 28, 2014 through February
7, 2014. OK/JLK
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 12th day of December, 2013.
BY THE COURT:
s/John L. Kane

U.S. DISTRICT COURT JUDGE

APPROVED:

UNITED STATES ATTORNEY

/s/Gail C. Harriss

/s/ Stephanie Lynn F. Kiley

Gail C. Harriss
450 S. Camino del Rio, Suite 201
Durango, CO 81301
[phone]
[e-mail]

By: Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney
1961 Stout Street, Suite 4169
Denver, CO 80294
[phone]
[e-mail]