Wyche v. Colvin

Filing 17

ORDER: JOINT CASE MANAGEMENT PLAN. SS Plaintiffs Brief due by 4/8/2014. SS Defendants Brief due by 5/8/2014. SS Plaintiffs Reply Brief due by 5/23/2014. By Judge John L. Kane on 2/27/2014. (trlee, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:13-cv-02935-AP Vickie L. Wyche, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES -1- 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Frederick W. Newall Attorney 730 N. Weber, #101 Colorado Springs, CO 80903 (719) 633-5211 (719) 635-6503 (facsimile) fnewall@qwestoffice.net For Defendant: John F. Walsh United States Attorney J. Benedict García Assistant United States Attorney United States Attorney’s Office District of Colorado J.B.Garcia@usdoj.gov Alexess D. Rea Special Assistant United States Attorney 1961 Stout, Suite 4169 Denver, Colorado 80294-4003 303-844-7101 303-844-0770 (facsimile) Alexess.rea@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: October 28, 2013 B. Date Complaint Was Served on U.S. Attorney's Office: November 12, 2013 C. Date Answer and Administrative Record Were Filed: February 7, 2014 -2- 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties state that, to the best of their knowledge, the record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate any additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties state that this case does not appear to raise unusual claims or defenses. 7. OTHER MATTERS The parties are not aware of any other matters. 8. BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: April 8, 2014 Defendant’s Response Brief Due: May 8, 2014 Plaintiff’s Reply Brief (If Any) Due: May 23, 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. 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. -3- DATED this 27th day of February, 2014. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: John F. Walsh United States Attorney s/ Frederick W. Newall By: s/ Alexess D. Rea Frederick W. Newall Alexess D. Rea Attorney 730 N. Weber, #101 Colorado Springs, CO 80903 (719) 633-5211 (719) 635-6503 (facsimile) fnewall@qwestoffice.net Special Assistant U.S. Attorney 1961 Stout St., Suite 4169 Denver, CO 80294-4003 (303) 844-7101 (303) 844-0770 (facsimile) alexess.rea@ssa.gov Attorney for Plaintiff Attorneys for Defendant -4-

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