Schoengarth v. Colvin

Filing 9

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES (ORDER). SS Plaintiffs Brief due by 4/2/2014. SS Defendants Brief due by 5/21/2014. SS Plaintiffs Reply Brief due by 6/4/2014. By Judge John L. Kane on 2/11/2014. (klyon, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-02996-AP
ROBERT L. SCHOENGARTH II,
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:
KATHRYN HALL, ESQ.
8910 Ralston Road, Suite 203
Arvada, CO 80002
[phone]
[e-mail]
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
1961 Stout St., Ste. 4169
Denver, CO 80294-4003
[phone]
[e-mail]

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: 11/1/13

B.

Date Complaint Was Served on U.S. Attorney’ Office: 11/25/13

C.

Date Answer and Administrative Record Were Filed: 1/22/14

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 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: 4/2/14

B.

Defendant’s Response Brief Due: 5/21/14

C.

Plaintiff’s Reply Brief (If Any) Due: 6/4/14

9. STATEMENTS REGARDING ORAL ARGUMENT

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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 11th day of February , 2014.
BY THE COURT:

S/John L. Kane
U.S. DISTRICT COURT JUDGE

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APPROVED:
s/ Kathryn Hall
KATHRYN HALL, ESQ.
8910 Ralston Road, Suite 203
Arvada, CO 80002
[phone]
[e-mail]

JOHN F. WALSH
UNITED STATES ATTORNEY
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado

Attorney for Plaintiff
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
[phone]
[e-mail]
Attorneys for Defendant

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