Ryan v. Astrue

Filing 22

Joint Case Management Plan for Social Security Case. SS Plaintiffs Brief due by 4/15/2013. SS Defendants Brief due by 5/15/2013. SS Plaintiffs Reply Brief due by 5/30/2013 by Judge John L. Kane on 03/05/13. (jjhsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:12-cv-02870-AP ROXANNE RYAN, Plaintiff, v. CAROLYN W. COLVIN,1 Acting Commissioner of Social Security, Defendant. ______________________________________________________________________________ JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES ______________________________________________________________________________ 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: ANN J. ATKINSON Attorney for Plaintiff 7960 S. Ireland Way Aurora, CO 80016 Phone: (303) 680-1881 Email: atkinsonaj@aol.com For Defendant: JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney’s Office District of Colorado j.b.garcia@usdoj.gov THAYNE WARNER Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, CO 80202 Telephone: (303) 844-7237 thayne.warner@ssa.gov 1 Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14, 2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be substituted for Michael J. Astrue as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 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: October 31, 2012 Date Complaint Was Served on U.S. Attorney’s Office: December 19, 2012 Date Answer and Administrative Record Were Filed: February 19, 2012 STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties, to the best of their knowledge, state that the administrative record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe this case raises unusual claims or defenses. 7. OTHER MATTERS There are no other matters anticipated. With regard to prior judicial involvement, the parties note that this matter is not a matter on remand from this or any other court. 8. BRIEFING SCHEDULE A. B. C. 9. Plaintiff’s Opening Brief Due: April 15, 2013 Defendant’s Response Brief Due: May 15, 2013 Plaintiff’s Reply Brief (If Any) Due: May 30, 2013 STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff’s Statement: Plaintiff does not request oral argument. Defendant’s Statement: Defendant does not request oral argument. 10. 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.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 5th day of March, 2013. BY THE COURT: s/John L. Kane ________ U.S. DISTRICT COURT JUDGE APPROVED: /s/Ann J. Atkinson Ann J. Atkinson 7960 S. Ireland Way Aurora, CO 80016 Telephone: (303) 680-1881 atkinsonaj@aol.com JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney’s Office District of Colorado j.b.garcia@usdoj.gov Attorney for Plaintiff By: /s/ M. Thayne Warner M. Thayne Warner Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: (303) 844-7237 thayne.warner@ssa.gov Attorneys for Defendant

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