Gaines v. Colvin

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 8/21/2014. SS Defendants Brief due by 9/22/2014. SS Plaintiffs Reply Brief due by 10/7/2014 by Judge John L. Kane on 07/22/2014. (athom, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:14-cv-0212-AP DERRICK GAINES, 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: Joseph A. Whitcomb Rocky Mountain Disability Law Group For Defendant: John F. Walsh, U.S. Attorney J. Benedict Garcia, Assistant U.S. Attorney M. Thayne Warner, Special Assistant U.S. Attorney 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: 5/16/2014 C. 4. Date Complaint Was Filed: 1/27/2014 Date Answer and Administrative Record Were Filed: 7/2/2014 STATEMENT REGARDING THE ADEQUACY OF THE RECORD -1- The administrative record has been filed. The parties believe the record is complete. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate filing any additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties do not believe that this case raises any unusual claims. 7. OTHER MATTERS This case is not on remand from a judicial decision. 8. BRIEFING SCHEDULE A. Thursday, August 21, 2014 B. Defendant’s Response Brief Due: Monday, September 22, 2014 C. 9. Plaintiff's Opening Brief Due: Plaintiff’s Reply Brief (If Any) Due: Tuesday, October 7, 2014 STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff's Statement: Defendant's Statement: Plaintiff does not request oral argument. Defendant does not request oral argument. 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. 11. ( ) (x) 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. -2- The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause. DATED this 22nd day of _July, 2014. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: John F. Walsh United States Attorney J. Benedict Garcia Assistant U.S. Attorney U.S. Attorney’s Office, District of Colorado /s/ Joseph A. Whitcomb Joseph A. Whitcomb Rocky Mountain Disability Law Group 1391 Speer Blvd., Suite 305 Denver, CO 80204 (303) 534-1958 /s/ M. Thayne Warner By: M. Thayne Warner Special Assistant U.S. Attorney 1961 Stout Street, Suite 4169 Denver, CO 80249-4003 (303) 844-7237 Attorney for Plaintiff Attorneys for Defendant -3-

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