Sandoval v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 4/29/2013. SS Defendants Brief due by 5/29/2013. SS Plaintiffs Reply Brief due by 6/13/2013 by Judge John L. Kane on 03/19/13. (jjhsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-03037-AP RAEANN SANDOVAL Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security,1 Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Joseph A. Whitcomb, Esq. Rocky Mountain Disability Law Group 1391 Speer Blvd., Suite 705 Denver, CO 80204 (303)534-1954 (303)534-1949 (fax) joe@RMDLG.com For Defendant: Jessica Milano Special Assistant United States Attorney Assistant Regional Counsel Office of the General Counsel Social Security Administration 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). -1- 1001 17th Street Denver, CO 80202 (303) 844-7136 (303) 844-0770 (fax) jessica.milano@ssa.gov 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: December 26, 2012 C. 4. Date Complaint Was Filed: November 19, 2012 Date Answer and Administrative Record Were Filed: February 25, 2013 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 Neither party intends to submit 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 any 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 a decision issued on remand from this Court. -2- 8. BRIEFING SCHEDULE Counsel for both parties conferred and agreed upon the following proposed briefing schedule: A. B. Defendant’s Response Brief Due: May 29, 2013 C. 9. Plaintiff's Opening Brief Due: April 29, 2013 Plaintiff’s Reply Brief (If Any) Due: June 13, 2013 STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff's Statement: Plaintiff does not request oral argument. Defendant's Statement: Defendant does not request oral argument. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. B. 11. ( ) (XX) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. 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. The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause. DATED this 19th day of March, 2013. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE -3- APPROVED: s/ Joseph A. Whitcomb, Esq. Rocky Mountain Disability Law Group 1391 Speer Blvd., Suite 705 Denver, CO 80204 (303)534-1954 (303)534-1949 (fax) joe@RMDLG.com JOHN F. WALSH United States Attorney Attorney for Plaintiff s/ Jessica Milano Jessica Milano Special Assistant United States Attorney 1001 17th Street Denver, CO 80202 (303) 844-7136 (303) 844-0770 (fax) jessica.milano@ssa.gov J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney's Office District of Colorado Attorneys for Defendant -4-

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