Vialpando v. Colvin

Filing 12

ORDER - JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES. SS Plaintiffs Brief due by 4/22/2014. SS Defendants Brief due by 5/22/2014. SS Plaintiffs Reply Brief due by 6/6/2014. By Judge John L. Kane on 3/12/2014. (trlee, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:13-cv-03065- AP VINCENT P. VIALPANDO, 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 402 W. 12th Street Pueblo, CO 81003 719-543-8636 719-543-8403 (facsimile) seckarlaw@mindspring.com For Defendant: John F. Walsh United States Attorney J. Benedict García Assistant United States Attorney United States Attorney’s Office J.B.Garcia@usdoj.gov Allan D. Berger Special Assistant United States Attorney Social Security Administration, Region VIII Office of the General Counsel 1961 Stout Street, Suite 4169 Denver, CO 80294 303-844-2149 303-844-0770 (facsimile) Allan.berger@ssa.gov -1- 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: November 14, 2013 C. 4. Date Complaint Was Filed: November 12, 2013 Date Answer and Administrative Record Were Filed: February 21, 2014 STATEMENT REGARDING THE ADEQUACY OF THE RECORD To the best of his knowledge, Plaintiff states that the record is complete and accurate. To the best of her knowledge, Defendant states that the record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties state that this case does not raise unusual claims or defenses. 7. OTHER MATTERS The parties state that there are no other matters. 8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: April 22, 2014 B. Defendant’s Response Brief Due: May 22, 2014 C. Plaintiff’s Reply Brief (If Any) Due: June 6, 2014 -2- 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. B. 11. ( ) (X) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge. 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 12th day of March, 2014. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE -3- APPROVED: UNITED STATES ATTORNEY John F. Walsh United States Attorney s/ Michael Seckar 402 W. 12th Street 1001 17th Street Pueblo, CO 81003 719-473-1515 719-543-8403 (facsimile) seckarlaw@mindspring.com Attorney for Plaintiff By: s/Allan D. Berger Special Assistant U.S. Attorney Allan D. Berger Special Assistant United States Attorney Social Security Administration, Region VIII Office of the General Counsel 1961 Stout Street, Suite 4169 Denver, CO 80294 303-844-2149 303-844-0770 (facsimile) Allan.berger@ssa.gov -4-

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