Moomy v. Colvin

Filing 9

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 8/18/2014. SS Defendants Brief due by 9/19/2014. SS Plaintiffs Reply Brief due by 10/6/2014 by Judge John L. Kane on 07/10/14. (jhawk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No: 1:14-cv-01108-AP
RUTHANN MOOMY
Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of the
Social Security Administration,
Defendant.

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1. APPEARANCES OF COUNSEL
For Plaintiff:
Michael S. Krieger
Michael S. Krieger, LLC
165 South Union Blvd – Ste 555
Lakewood CO 80228
303-781-5559
Fax: [phone]
[e-mail]
For Defendant:
Jessica Milano
Special Assistant US Attorney
Office of General Counsel - Social Security Administration
1961 Stout Street, Suite 4169
Denver CO 80294 - 4004
303-844-7136
[e-mail]
2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

The Court has subject matter 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:

April 17, 2014

B.

Date Complaint Was Served on U.S. Attorney;

April 22, 2014

C.

Date Answer & Administrative Record Were Filed:

June 19, 2014

4. STATEMENT REGARDING ADEQUACY OF THE RECORD
The Administrative Record was filed by Defendant on June 19, 2014.
Defendant states that, to the best of her knowledge, the certified
Administrative Record is complete and accurate. Counsel for Plaintiff has
reviewed and believes he has found a one page document – a job
description - which does not appear in the Administrative Record as filed.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff is assessing whether the above-mentioned job description
document is superfluous. The Parties are discussing whether it is appropriate
to supplement the record.
6. STATEMENT REGARDING WHETHER THIS CASE REAISES UNUSUAL
CLAIMS OR DEFENSES
No unusual claims or defenses are anticipated.
7. OTHER MATTERS
This case is not on appeal from an ALJ Decision issued on remand. The
Parties have no other matters to bring to the attention of the Court.
BRIEFING SCHEDULE
Plaintiff’s counsel has several briefing deadlines during the summer of
2014 and the schedule outlined below, to the extent that it varies from the
Court’s guidelines, accommodates these other briefing deadlines.
A. Plaintiff’s Opening Brief Due:

August 18, 2014

B. Defendant’s Response Brief Due:

September 19, 2014

C. Plaintiff’s Replay Brief (If Any) Due:

October 6, 2014

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8. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff’s Statement: Plaintiff sees no need for oral argument at this time.
B. Defendant’s Statement: Defendant sees no need for oral argument at this
time.
9. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
All parties have not consented to the exercise of jurisdiction of a United States
Magistrate Judge.
10. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR
CONTINUANCES MUST COMPLY WITH D.C. COLO LCivR 7.19C0 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 9th day of July, 2014.
BY THE COURT:
s/John L. Kane_______________

APPROVED:
s/Jessica Milano
Jessica Milano
Special Assistant US Attorney
Office of General Counsel - Social Security Administration
1961 Stout Street, Suite 4169
Denver CO 80294 - 4004
303-844-7136
[e-mail]
s/Michael S. Krieger
Michael S. Krieger

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Michael S. Krieger, LLC
165 South Union Blvd. #555
Lakewood CO 80228
303-781-5559
[e-mail]

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