Wirth v. SSA - Commissioner

Filing 19

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 7/29/2014. SS Defendants Brief due by 8/29/2014. SS Plaintiffs Reply Brief due by 9/15/2014 by Judge John L. Kane on 06/18/14. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge John L. Kane
Civil Action No. 14-cv-00703-AP
JOSHUA D. L. WIRTH,
Plaintiff,
v.
CAROLYN 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:
Chris R. Noel
4845 Pearl East Circle, Ste 101
Boulder, Colorado 80301-6113
303-449-6503
[e-mail]

For Defendant:
John F. Walsh
United States Attorney
J. Benedict Garcia
Assistant United States Attorney
District of Colorado
S/Thayne Warner
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1961 Stout Street, Suite 4169
Denver, Colorado 80294
[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.
B.
C.

4.

Date Complaint was filed:
Date Complaint was served on U.S. Attorney’s Office:
Date Answer and Administrative Record were filed:

March 7, 2014
March 21, 2014
May 15, 2014

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states that the administrative record is presumed to be complete.
Defendant, to the best of his knowledge, states that the administrative record is complete
and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states that additional evidence may be required because the ALJ did not develop
the evidence of Plaintiff’s learning disorder. Records from CSU Psychological Services
are being sought today.
Defendant does not intend to submit additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS
OR DEFENSES
Plaintiff states there are no unusual claims or defenses.
Defendant, to the best of his knowledge, does not believe the cases raises unusual claims
or defenses.

7.

OTHER MATTERS
The parties have no other matters to bring to the attention of the Court. This case is not
on appeal from any other remanding court.

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8.

BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule:
A.
B.
C.

9.

July 29, 2014
August 29, 2014
September 15, 2014

STATEMENTS REGARDING ORAL ARGUMENT
A.
B.

10.

Plaintiff’s opening brief due
Defendant’s response brief due
Plaintiff’s reply brief due

Plaintiff does not request oral argument.
Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
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.L.CivR. 6.1(E) BY
SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED
UPON 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 June, 2014.
BY THE COURT:

s/John L. Kane

U.S. DISTRICT COURT JUDGE

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APPROVED:
s/Chris R. Noel______
Chris R. Noel
Law Office of Chris R Noel
4845 Pearl East Circle, Suite 101
Boulder, Colorado 80301-6113
303-449-6503
[e-mail]

JOHN F. WALSH
United States Attorney

J. Benedict Garcia
Assistant United States Attorney
District of Colorado
s/M. Thayne Warner
M. Thayne Warner
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1961 Stout Street, Suite 4169
Denver, Colorado 80202
[phone]
[e-mail]

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