Opinion
Civil Action No. 12-cv-03242-AP
04-25-2013
ZARA D. TARPLEY, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
For Plaintiff : Rachael A. Lundy For Defendant : John F. Walsh United States Attorney J. Benedict García Assistant United States Attorney United States Attorney's Office 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:
Rachael A. Lundy
For Defendant:
John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney's Office
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: 12/12/12
B. Date Complaint Was Served on U.S. Attorney's Office: 2/11/13
C. Date Answer and Administrative Record Were Filed: 4/5/13
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of her 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 case is not on appeal from a decision issued on remand.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: 6/4/13
B. Defendant's Response Brief Due: 7/11/13
C. Plaintiff's Reply Brief (If Any) Due: 7/26/13 The parties agree to Defendant receiving more than 30 days to reply due to the Office of General Counsel moving offices the week of June 30th, 2013 and will have limited internet access.
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: Rachael A. Lundy
402 W. 12th Street
Pueblo, CO 81003
719-543-8636
719-543-8403 (facsimile)
seckarlaw@mindspring.com
Attorneys 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