Opinion
Civil Action No. 13-cv-00171-AP
04-01-2013
KENNETH POWELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
Pro se Plaintiff: Kenneth Powell For Defendant: John F. Walsh United States Attorney J. Benedict Garcia Assistant United States Attorney Allan D. Berger Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
Pro se Plaintiff:
Kenneth Powell
For Defendant:
John F. Walsh
United States Attorney
J. Benedict Garcia
Assistant United States Attorney
Allan D. Berger
Special Assistant United States Attorney
Page 2
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:
January 9, 2013 (filed in District Court, El Paso County, Colorado)
January 23, 2013 (removed to Federal District Court for the District of Colorado)(Dkt. 1)
B. Date Complaint Was Served on U.S. Attorney's Office:
The Complaint was not served on the U.S. Attorney's Office,.In her Motion for Extension of Time to Respond to Complaint, defendant waived the defenses based on insufficient process and service of process (Dkt. 10 at 2-3), The Court granted the motion and gave the Commissioner until March 10, 2013 to the her answer (Dkt. 11).
C. Date Answer and Administrative Record Were Filed:
March 7, 2013.
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
Plaintiff will allege that the ALJ was bias against him and that his attorney conspired with the ALJ to deny him benefits.
7. OTHER MATTERS
The parties state that there are no other matters. 8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: April 16, 2013
B. Defendant's Response Brief Due: May 16, 2013
C. Plaintiff's Reply Brief (If Any) Due: May 31, 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. (XX) 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:
________
Kenneth Powell
850 Chapman Dr., Apt. 3
Colorado Springs, Co 80916
719-332-6980
(Plaintiff, Pro-se)
UNITED STATES ATTORNEY John F. Walsh
United States Attorney
By: ________
Allan D. Berger
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
303-844-2149
Attorney for Defendant