Opinion
Civil Action No. 1:12-cv-02641-AP
02-27-2013
Mariah D. Gragert, Plaintiff, v. Carolyn Colvin, Acting Commissioner of Social Security Defendant.
For Plaintiff : Robert C. Dawes John F. Walsh United States Attorney J.B. Garcia Assistant United States Attorney District of Colorado For Defendant: Stephanie Lynn F. Kiley Special Assistant United States Attorney 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:
Robert C. Dawes
John F. Walsh
United States Attorney
J.B. Garcia
Assistant United States Attorney
District of Colorado
For Defendant:
Stephanie Lynn F. Kiley
Special Assistant United States Attorney
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: October 5, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: October 11, 2012
C. Date Answer and Administrative Record Were Filed: February 8, 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
The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
Due to Defendant's counsel's caseload and Plaintiff's counsel's schedule, the parties request a briefing schedule outside of the standard time frame.
A. Plaintiff's Opening Brief Due: May 7, 2013
B. Defendant's Reply Brief (If Any) Due: June 10, 2013
C. Plaintiff's Reply Brief (If Any) Due: June 25, 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: ______________
Robert C. Dawes
P.O. Box 2547
Durango, CO 81302
970-375-1114
rob@robdawes.com
UNITED STATES ATTORNEY ______________
By: Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney
1001 17th Street, 6th Floor
Denver, CO 80202
303-844-0815
stephanie.kiley@ssa.gov