Lamance v. Colvin

Filing 13

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 6/2/2014. SS Defendants Brief due by 7/2/2014. SS Plaintiffs Reply Brief due by 7/17/2014 by Judge John L. Kane on 04/02/14. (jhawk, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 13-cv-02920-AP MATTHEW LEROY LAMANCE, 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: Michael W. Seckar Seckar Law 402 W.12th Street Pueblo, CO 81003 719-543-8403 seckarlaw@mindspring.com For Defendant: Thomas H. Kraus Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 4169 Denver, Colorado 80294-4003 (303) 844-0017 tom.kraus@ssa.gov John F. Walsh United States Attorney J.B. García Assistant United States Attorney District of Colorado 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). -1- 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. Date Complaint Was Served on U.S. Attorney's Office: January 15, 2014 C. 4. Date Complaint Was Filed: October 25, 2013 Date Answer and Administrative Record Were Filed: March 17, 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 the case raises unusual claims or defenses. 7. OTHER MATTERS This Case was previously before this Court, case 11-cv-1666-JLK. On March 27, 2012, Judge Kane granted Defendant’s motion to remand pursuant to sentence four of 42 U.S.C. § 405(g). The parties have no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE Because of workload and scheduled conflicts, the parties respectfully request briefing to commence later than 40 days after the filing of this Joint Case Management Plan as follows: A. Plaintiff's Opening Brief Due: June 2, 2014 B. Defendant’s Response Brief Due: July 2, 2014 C. Plaintiff’s Reply Brief (If Any) Due: July 17, 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. -2- 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Indicate below the parties' consent choice. A. (X) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. B. ( ) 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 2nd day of April, 2014. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: UNITED STATES ATTORNEY /s/ Michael W. Seckar /s/ Thomas H. Kraus Michael W. Seckar Seckar Law 402 W.12th Street Pueblo, CO 81003 719-543-8403 seckarlaw@mindspring.com By: Thomas H. Kraus Special Assistant U.S. Attorney Social Security Administration 1961 Stout Street, Ste. 4169 Denver, CO 80294-4003 303-844-0017 tom.kraus@ssa.gov Attorney for Plaintiff Attorneys for Defendant. -3-

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