Wooden v. Astrue

Filing 10

Joint Case Management Plan. SS Plaintiffs Brief due by 6/7/2013. SS Defendants Brief due by 7/8/2013. SS Plaintiffs Reply Brief due by 7/24/2013, by Judge John L. Kane on 3/25/13. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-03371-AP ROBERT WOODEN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. JOINT CASE MANAGEMENT PLAN 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: K. MACHELLE GIELAROWSKI 712 North Tejon Street, Suite 1 Colorado Springs, CO 80903 Telephone: (719) 264-0729 Fax: (719) 328-1382 Email: giellaw@comcast.net For Defendant: JOHN F. WALSH United States Attorney District of Colorado J. BENEDICT GARCÍA Assistant United States Attorney Email: j.b.garcia@usdoj.gov SARA PAPPAS BELLAMY Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, CO 80202 Telephone: (303) 844-0014 Fax: (303) 844-0770 Email: sara.bellamy@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: January 7, 2013 C. 4. Date Complaint Was Filed: December 29, 2012 Date Answer and Administrative Record Were Filed: March 8, 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 This case is not on appeal from a decision issued on remand from this Court. 8. BRIEFING SCHEDULE Counsel for both parties agree to the following proposed briefing schedule: A. Plaintiff's Opening Brief Due: June 7, 2013 B. Defendant’s Response Brief Due: July 8, 2013 C. Plaintiff’s Reply Brief (If Any) Due: July 24, 2013 9. 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 Indicate below the parties' consent choice. A. All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. B. 11. (x ) ( 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 25th day of March, 2013. BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: s/ K. MACHELLE GIELAROWSKI 712 North Tejon Street, Suite 1 Colorado Springs, CO 80903 Telephone: (719) 264-0729 Email: giellaw@comcast.net JOHN F. WALSH United States Attorney District of Colorado J. BENEDICT GARCÍA Assistant United States Attorney Email: j.b.garcia@usdoj.gov Attorney for Plaintiff By: s/Sara Pappas Bellamy SARA PAPPAS BELLAMY Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, CO 80202 Telephone: (303) 844-0014 Email: sara.bellamy@ssa.gov Attorneys for Defendant

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