Escareno v. Astrue
Filing
11
Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 5/6/2013. SS Defendants Brief due by 6/5/2013. SS Plaintiffs Reply Brief due by 6/20/2013 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-03141-AP
DENISE M. ESCARENO,
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:
Christopher R. Alger, Esq.
1401 17th St., Ste. 300
Denver, CO 80202
Telephone (303) 426-4878
E-mail: calger@mcdivittlaw.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).
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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:
November 30, 2012
Date Complaint Was Served on U.S. Attorney’s Office: December 7, 2012
Date Answer and Administrative Record Were Filed: March 5, 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
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.
May 6, 2013
June 5, 2013
June 20, 2013
STATEMENTS REGARDING ORAL ARGUMENT
A.
B.
10.
Plaintiff’s Opening Brief Due:
Defendant’s Response Brief Due:
Plaintiff’s Reply Brief (If Any) Due:
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
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Both parties consent 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 19th day of March, 2012.
BY THE COURT:
s/John L. Kane _____________
U.S. DISTRICT COURT JUDGE
APPROVED:
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
/s/ Christopher R. Alger
McDivitt Law Firm
1401 17ty Street, Suite 300
Denver. CO 80202
Telephone (303) 426-4878
E-mail: calger@mcdivittlaw.com
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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