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, )

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
[e-mail]
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
[phone]
[e-mail]

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
[e-mail]

By: Thomas H. Kraus
Special Assistant U.S. Attorney
Social Security Administration
1961 Stout Street, Ste. 4169
Denver, CO 80294-4003
303-844-0017
[e-mail]

Attorney for Plaintiff
Attorneys for Defendant.

-3-