Opinion
Civil Action No. 12-cv-03245-AP
05-07-2013
ROBERT M. KONGSBERG, II, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MICHAEL W. SECKAR Attorney for Plaintiff JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney's Office District of Colorado MEGHAN FREI BERGLIND Special Assistant United States Attorney Office of the General Counsel Social Security Administration Attorneys for Defendant
JOINT CASE MANAGEMENT PLAN
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Michael W. Seckar
402 W. 12th Street
Pueblo, CO 81003
Telephone: (719) 543-8636
Email: seckarlaw@mindspring.com
For Defendant:
Meghan Frei Berglind
Social Security Administration, Office of the General Counsel
1001 17th Street
Denver, CO 80202
Telephone: (303) 844-2544
Email: meghan.berglind@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: December 13, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: February 14, 2013
C. Date Answer and Administrative Record Were Filed: April 15, 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.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not intend 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 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
A. Plaintiff's Opening Brief Due: June 14, 2013
B. Defendant's Response Brief Due: July 15, 2013
C. Plaintiff's Reply Brief (If Any) Due: July 30, 213
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: ____________________
MICHAEL W. SECKAR
Attorney for Plaintiff JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney's Office
District of Colorado
____________________
MEGHAN FREI BERGLIND
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
Attorneys for Defendant