Opinion
Civil Action No. 12-cv-03093-AP
05-07-2013
FRANK J. FERNANDEZ, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.
Rachael A. Lundy Seckar Law Attorney for Plaintiff UNITED STATES ATTORNEY By: Stephanie Lynn F. Kiley Special Assistant U.S. Attorney Social Security Administration Attorneys for Defendant.
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES John F. Walsh
United States Attorney
J.B. García
Assistant United States Attorney
District of Colorado
For Plaintiff: Rachael A. Lundy
Seckar Law
402 W.12th Street
Pueblo, CO 81003
719-543-8403
seckarlaw@mindspring.com
For Defendant:
Stephanie Lynn F. Kiley
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, Colorado 80202
(303) 844-0815
stephanie.kiley@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: November 27, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: February 4, 2013
C. Date Answer and Administrative Record Were Filed: April 15, 2013
4. 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 the case raises unusual claims or defenses.
7. OTHER MATTERS
This case is not an appeal from a decision issued on remand. The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
Due to Defendant's counsel's caseload, the parties request a briefing schedule outside of the standard time frame.
A. Plaintiff's Opening Brief Due: June 24, 2013
B. Defendant's Response Brief Due: July 24, 2013
C. Plaintiff's Reply Brief (If Any) Due: August 8, 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
Indicate below the parties' consent choice.
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: ________________
Rachael A. Lundy
Seckar Law
Attorney for Plaintiff UNITED STATES ATTORNEY ________________
By: Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney
Social Security Administration
Attorneys for Defendant.