Opinion
Civil Action No. 13-cv-00101-AP
04-24-2013
ROGER BAKER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
For Plaintiff : Gail C. Harriss GAIL C. HARRISS, LLC 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
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Gail C. Harriss
GAIL C. HARRISS, LLC
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
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: January 16, 2013
B. Date Complaint Was Served on U.S. Attorney's Office: February 6, 2013
C. Date Answer and Administrative Record Were Filed: April 4, 2013
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of the parties' knowledge, the Administrative Record is complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states: None anticipated.
Defendant states: None anticipated.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
Plaintiff states: To the best of his knowledge, this case does not involve unusual claims or defenses.
Defendant states: To the best of her knowledge, this case does not involve unusual claims or defenses.
7. OTHER MATTERS
This case involves no prior judicial involvement. No other matters are anticipated.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: June 3, 2013
B. Defendant's Response Brief Due: July 3, 2013
C. Plaintiff's Reply Brief (If Any) Due: July 18, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Oral Argument is not requested.
B. Defendant's Statement: Oral Argument is not requested.
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. (X) 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: For Plaintiff: ________
By: Gail C. Harriss
GAIL C. HARRISS, LLC
For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT. GARCIA
Assistant United States Attorney
________
By: M. THAYNE WARNER
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration