Opinion
Civil Action No. 12-cv-03350-AP
04-01-2013
BRYAN LLOYD, 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 García Assistant United States Attorney Kirsten A. Westerland Special Assistant United States Attorney
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 García
Assistant United States Attorney
Kirsten A. Westerland
Special Assistant United States Attorney
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: 12/27/12
B. Date Complaint Was Served on U.S. Attorney's Office: 1/14/13
C. Date Answer and Administrative Record Were Filed: 3/12/13
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of his knowledge, Plaintiff states that the record is complete and accurate. To the best of her knowledge, Defendant states that the record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties state that this case does not raise unusual claims or defenses.
7. OTHER MATTERS
The parties state that there are no other matters. This matter is not on appeal from an order issued following remand from this Court.
8. BRIEFING SCHEDULE
Due to Plaintiff's counsel's caseload, she currently has four worker's compensation hearings scheduled on May 13 and 14, 2013, the parties request a briefing schedule outside of the standard time frame.
A. Plaintiff's Opening Brief Due: May 23, 2013
B. Defendant's Response Brief Due: June 24, 2013
C. Plaintiff's Reply Brief (If Any) Due: July 12, 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: Gail C. Harriss
450 S. Camino del Rio, Suite 201
Durango, CO 81301
970-247-4411
970-247-1482 (facsimile)
gharriss@harrisslaw.com
Attorney for Plaintiff John F. Walsh
United States Attorney
By: Kirsten A. Westerland
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-1949
303-844-0770 (facsimile)
Kirsten.Westerland@ssa.gov
Of Counsel:
John Jay Lee
Regional Chief Counsel
1001 17th Street
Denver, CO 80202