Walker v. Colvin
Filing
13
ORDER-JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES. SS Plaintiffs Brief due by 5/2/2014. SS Defendants Brief due by 6/6/2014. SS Plaintiffs Reply Brief due by 6/20/2014. By Judge John L. Kane on 3/18/2014. (trlee, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 13-cv-03345-AP
CARL JAY WALKER,
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:
BRUCE C. BERNSTEIN
1828 Clarkson Street #100
Denver, CO 80218
(303) 830-3200
bcb@bcblaw.biz
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
Social Security Administration, Region VIII
Office of the General Counsel
1961 Stout St., Ste. 4169
Denver, CO 80294-4003
Telephone: (303) 844-0017
tom.kraus@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: 12/12/13
B.
Date Complaint Was Served on U.S. Attorney’s Office: 12/30/13
C.
Date Answer and Administrative Record Were Filed: 2/28/14
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The partes, to the best of their knowledge, state that the administrative record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
A.
Plaintiff’s Statement: Plaintiff’s attorney did not represent Plaintiff at the
Administrative hearing and thus needs to review the extensive record before having a
firm position as to whether additional evidence might be available or helpful.
B.
Defendant’s Statement: None anticipated.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR
DEFENSES
A.
Plaintiff’s Statement: Plaintiff’s attorney did not represent Plaintiff at the
Administrative hearing. However, from brief review of the record, this case does not
appear to raise anything out of the ordinary.
B.
Defendant’s Statement: This case does not involve unusually complicated or out-of-theordinary claims.
7. OTHER MATTERS
None.
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8. BRIEFING SCHEDULE
A.
Plaintiff’s Opening Brief Due: 5/2/14
B.
Defendant’s Response Brief Due: 6/6/14
C.
Plaintiff’s Reply Brief (If Any) Due: 6/20/14
9. STATEMENTS REGARDING ORAL ARGUMENT
A.
Plaintiff’s Statement: Plaintiff’s attorney did not represent Plaintiff at the
Administrative hearing and thus is unable to make a determination as to whether oral
argument will be helpful. This matter will be addressed in Plaintiff’s Opening Brief.
B.
Defendant’s Statement: Oral Argument 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 18th day of March, 2014.
BY THE COURT:
S/John L. Kane
U.S. DISTRICT COURT JUDGE
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APPROVED:
s/ Bruce C. Bernstein
BRUCE C. BERNSTEIN
1828 Clarkson Street #100
Denver, CO 80218
(303) 830-3200
bcb@bcblaw.biz
UNITED STATES ATTORNEY
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
Attorney for Plaintiff-Appellant
THOMAS H. KRAUS
Special Assistant United States Attorney
Social Security Administration, Region VIII
Office of the General Counsel
1961 Stout St., Ste. 4169
Denver, CO 80294-4003
Telephone: (303) 844-0017
tom.kraus@ssa.gov
Attorneys for Defendant
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