Morgan v. Colvin

Filing 12

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 3/20/2014. SS Defendants Brief due by 4/21/2014. SS Plaintiffs Reply Brief due by 5/6/2014. By Judge John L. Kane on 2/18/14. (mfiel, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-2766-AP ANDREW M. MORGAN, 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: Christopher R. Alger McDIVITT LAW FIRM 1401 17th Street, Suite 500 Denver, CO 80202 Telephone: (303) 426-4878 Fax: (303) 996-8569 Email: calger@mcdivittlaw.com For Defendant: John F. Walsh United States Attorney James L. Burgess Special Assistant United States Attorney Office of the General Counsel Social Security Administration-Region VIII 1961 Stout Street, Suite 4169 Denver, CO 80294-4003 Telephone: (303) 844-1856 Email: james.burgess@ssa.gov J. Benedict García Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Phone: (303) 454-0100 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 29, 2013 C. 4. Date Complaint Was Filed: October 10, 2013 Date Answer and Administrative Record Were Filed: January 27, 2013 STATEMENT REGARDING THE ADEQUACY OF THE RECORD To the best of their knowledge, the parties state that the record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE To the best of their knowledge, neither party anticipates 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. B. Defendant’s Response Brief Due: April 21, 2014 C. 9. Plaintiff’s Opening Brief Due: March 20, 2014 Plaintiff’s Reply Brief (If Any) Due: May 6, 2014 STATEMENTS REGARDING ORAL ARGUMENT 2 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 Not all parties have 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 18th day of February, 2014. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: JOHN F. WALSH UNITED STATES ATTORNEY s/ Christopher R. Alger Christopher R. Alger McDIVITT LAW FIRM 1401 17th Street, Suite 500 Denver, CO 80202 Telephone: (303) 426-4878 Fax: (303) 996-8569 Email: calger@mcdivittlaw.com s/ James L. Burgess James L. Burgess Special Assistant United States Attorney Office of the General Counsel Social Security Administration-Region VIII 1961 Stout Street, Suite 4169 Denver, CO 80294-4003 Telephone: (303) 844-1856 Email: james.burgess@ssa.gov Counsel for Plaintiff Counsel for Defendant 3

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