Swedlund v. Colvin

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 6/9/2014. SS Defendants Brief due by 7/16/2014. SS Plaintiffs Reply Brief due by 7/30/2014 by Judge John L. Kane on 04/15/14. (jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-02754-AP STEVEN SWEDLUND, 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. WHITCOMB, ESQ. 1391 Speer Blvd., Suite 705 Denver, CO 80204 Telephone: (303) 534-1954 E-Mail: joe@RMDLG.com For Defendant: JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney’s Office District of Colorado THOMAS H. KRAUS Special Assistant United States Attorney Social Security Administration, Region VIII Office of the General Counsel 1961 Stout St., Ste. 4169 Denver, CO 80294-4003 Telephone: (303) 844-0017 tom.kraus@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 U.S.C. 405(g). 3. DATES OF FILING OF RELEVANT PLEADINGS A. Date Complaint Was Filed: 10/9/13 B. Date Complaint Was Served on U.S. Attorney’s Office: 1/27/14 C. Date Answer and Administrative Record Were Filed: 3/28/14 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD There are no issues with the accuracy or completeness of the administrative record. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE A. Plaintiff’s Statement: None anticipated. B. Defendant’s Statement: None anticipated. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES This case does not involve unusually complicated or out-of-the-ordinary claims. 7. OTHER MATTERS None. 8. BRIEFING SCHEDULE Because of workload and scheduling conflicts, the parties respectfully respect briefing to commence later than 40 days after the filing of this Joint Case Management Plan, as follows: A. Plaintiff’s Opening Brief Due: 6/9/14 B. Defendant’s Response Brief Due: 7/16/14 C. Plaintiff’s Reply Brief (If Any) Due: 7/30/14 -2- 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff’s Statement: Oral Argument is not requested. B. Defendant’s Statement: Oral Argument is not requested. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE 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. 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 15th day of April , 2014. BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE -3- APPROVED: s/ Joseph A. Whitcomb, Esq. JOSEPH A. WHITCOMB, ESQ. Rocky Mountain Disability Law Group 1391 Speer Blvd., Suite 705 Denver, CO 80204 Telephone: (303) 534-1954 Fax: (303) 534-1949 E-Mail: joe@RMDLG.com JOHN F. WALSH UNITED STATES ATTORNEY J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney’s Office District of Colorado s/ Thomas H. Kraus By: THOMAS H. KRAUS Special Assistant U.S. Attorney Social Security Administration, Region VIII Office of the General Counsel 1961 Stout St., Ste. 4169 Denver, CO 80294-4003 Telephone: (303) 844-0017 tom.kraus@ssa.gov Attorney for Plaintiff Attorneys for Defendant -4-

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