Opinion
Civil Action No. 13-cv-00017-AP
03-26-2013
GEOFFREY C. HARPER, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant.
Daniel E. Burrows FOR FREDERICK W. NEWALL Attorney for Plaintiff (SIGNED VIA ORAL AUTHORIZATION) JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney DANIEL E. BURROWS Special Assistant U.S. Attorney Social Security Administration Attorneys for Defendant
Joint Case Management Plan
1. APPEARANCES OF COUNSEL
For Plaintiff: Frederick W. Newall
730 N Weber #101
Colorado Springs, CO 80903
(719) 633-5211
fnewall@qwestoffice.net
For Defendant: Daniel E. Burrows
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
1001 17th St
Denver, CO 80202
(303) 844-7356
daniel.burrows@ssa.gov
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This Court has jurisdiction based on Social Security Act §§ 205(g) and 1631(c)(3), 42 U.S.C. §§ 405(g), 1383(c)(3) (2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: January 4, 2013
B. Date Complaint Was Served on U.S. Attorney's Office: January 9, 2013
C. Date Answer and Administrative Record Were Filed: March 5, 2013
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe the administrative record is complete and accurate. However, the parties reserve the right to supplement the record if it is later discovered that evidence is missing.
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 do not believe this case raises any unusual claims or defenses.
7. OTHER MATTERS
This case is not on appeal from a decision issued on remand. The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: May 16, 2013
B. Defendant's Response Brief Due: June 17, 2013
C. Plaintiff's Reply Brief (If Any) Due: July 2, 2013
This is adjusted from the ordinary briefing schedule to accommodate Plaintiff's attorney's heavy briefing schedule in late April and early May.
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
The parties do not intend to consent to the exercise of jurisdiction by a magistrate judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with D.C.COLO.LCivR 6.1(E) 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: Daniel E. Burrows FOR
FREDERICK W. NEWALL
Attorney for Plaintiff
(SIGNED VIA ORAL
AUTHORIZATION)
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
_____________
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Attorneys for Defendant