Marquez v. Colvin

Filing 6

ORDER for Preparation of Joint Case Management Plan for Social Security Cases, by Judge Robert E. Blackburn on 09/15/2015. (cthom, ) (Additional attachment(s) added on 9/15/2015: # 1 Joint Case Management Plan for Social Security Cases) (cthom, ).

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Judge Robert E. Blackburn Civil Action No. 15-cv-00000-XXX [place AP docket number here] XXXXX, 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 Defendant: For Plaintiff: 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: B. Date Complaint Was Served on U.S. Attorney's Office: [The court anticipates that the government will waive or accept service no later than fourteen (14) days, or sooner if practicable, from the filing of the Complaint.] C. Date Answer and Administrative Record Were Filed: [The Answer shall consist of a certified copy of the transcript of the administrative record plus any affirmative defense, which if then not filed, shall be waived. The Answer shall be filed no later than sixty (60) days, or sooner if practicable, after service (or waiver or acceptance of service).] 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD [The parties need not address this matter. The court anticipates that, if the matters addressed by this paragraph are relevant, appropriate motions will be filed to bring the matter to the court's attention.] 5. STATEMENT REGARDING ADDITIONAL EVIDENCE [The parties need not address this matter. The court anticipates that, if the matters addressed by this paragraph are relevant, appropriate motions will be filed to bring the matter to the court's attention.] 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES [The parties need not address this matter. The court anticipates that, if the matters addressed by this paragraph are relevant, appropriate motions will be filed to bring the matter to the court's attention.] 7. OTHER MATTERS [Describe any other matters either party believes should be brought to the court’s attention. The parties MUST state whether the case is on appeal from a decision issued on remand from this court and include the case number and district judge who 2 entered the order for remand.] 8. PROPOSED BRIEFING SCHEDULE [The plaintiff’s opening brief shall be due no later than thirty (30) days from the date of the filing of this proposed Joint Case Management Plan. The deadlines for the submission of the response and any reply shall be as provided by D.C.COLO.LCivR 7.1(d).] Opening and response briefs shall be limited to no more than twenty (20) pages. Reply briefs shall be limited to no more than ten (10) pages. These page limitations shall apply to the legal argument portion of the brief or response, but shall not include the cover page, jurisdictional statement, table of contents, or statement of facts and procedural history. A. Plaintiff's Opening Brief Due: B. Defendant's Response Brief Due: C. Plaintiff's Reply Brief (If Any) Due: 9. STATEMENTS REGARDING ORAL ARGUMENT [The parties need not address this matter. The court anticipates that, if the matters addressed by this paragraph are relevant, appropriate motions will be filed to bring the matter to the court's attention.] 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE [The parties should state whether they intend to consent to the exercise of jurisdiction by a magistrate judge under D.C.COLO.LCivR 72.2. Under this Rule, all full-time magistrate judges in the District of Colorado are specially designated under 28 U.S.C. § 3 636(c)(1) to conduct all proceedings in any jury or non-jury civil matter and order the entry of judgment. If all parties consent to the exercise of jurisdiction by a magistrate judge under D.C.COLO.LCivR 72.2, they must file a completed copy of the form entitled "Consent to the Exercise of Jurisdiction by a United States Magistrate Judge." On consent of the parties and an order of reference from the assigned district judge, jurisdiction over the ultimate disposition of this case will be randomly assigned to a magistrate judge.] Indicate below the parties' consent choice. A. ( ) All parties consent to the exercise of jurisdiction of a United States Magistrate Judge. B. ( ) All parties do not consent to the exercise of jurisdiction of a United States Magistrate Judge. 11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN Parties filing motions for extension of time or continuances must submit proof that a copy of the motion has been served on 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 on a showing of good cause. Dated _________, 2015, at Denver, Colorado. BY THE COURT: 4 APPROVED: UNITED STATES ATTORNEY John F. Walsh By: Name Special Assistant U.S. Attorney Address Telephone Email Name Address Telephone Email Attorney(s) for Plaintiff(s) (or Plaintiff, pro se) Attorney for Defendant(s) [Please affix counsel's signatures and any pro se party's signatures before submission of the proposed Joint Case Management Plan to the court.] 5

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