Opinion
Civil Action No. 12-cv-02712-AP
05-07-2013
EVA SILVA, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
Joseph A. Whitcomb, Esq. Rocky Mountain Disability Law Group JOHN F. WALSH United States Attorney J. BENEDICT. GARCIA Assistant United States Attorney M. THAYNE WARNER Special Assistant United States Attorney Assistant Regional Counsel
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
Telephone: (303) 534-1954
joe@RMDLG.com
For Defendant:
JOHN F. WALSH United States Attorney
J. BENEDICT. GARCIA
Assistant United States Attorney
M. THAYNE WARNER
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, Colorado 80202
(303) 844-7237
thayne.warner@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. Date Complaint Was Filed: February 8, 2013
B. Date Complaint Was Served on U.S. Attorney's Office: February 13, 2013
C. Date Answer and Administrative Record Were Filed: April 15, 2013
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff has raised an issue regarding whether the record is complete. Defendant is investigating this issue.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
See response to #4, above.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
This case raises unusual claims or defenses. Plaintiff has raised an issue regarding the application of res judicata to her claim for disability insurance benefits.
7. OTHER MATTERS
This case is not on appeal from a decision issued on remand from this court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: June 17, 2013As discussed above, Plaintiff has raised an issue regarding whether the record is complete. In the event a supplement to the record is necessary, and depending on when that supplement to the record is received, the proposed schedule may need to be modified.
B. Defendant's Response Brief Due: July 17, 2013
C. Plaintiff's Reply Brief (If Any) Due: August 1, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff does not request oral argument.
B. Defendant's Statement: Defendant does not request oral argument.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
A. () All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge.
B. (×) All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.
11. 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.
BY THE COURT:
John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED: __________
Joseph A. Whitcomb, Esq.
Rocky Mountain Disability Law Group
JOHN F. WALSH
United States Attorney
J. BENEDICT. GARCIA
Assistant United States Attorney
__________
M. THAYNE WARNER
Special Assistant United States Attorney
Assistant Regional Counsel