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, )

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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. -2- 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 -3- 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 -4-

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