Opinion
Civil Action No. 12-cv-03096-AP
03-07-2013
JAMES K. THOMAS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
For Plaintiff : FREDERICK W. NEWALL For Defendant : JOHN F. WALSH United States Attorney District of Colorado J. BENEDICT GARCIA Assistant United States Attorney SARA PAPPAS BELLAMY Special Assistant United States Attorney Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff:
FREDERICK W. NEWALL
For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCIA
Assistant United States Attorney
SARA PAPPAS BELLAMY
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
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: November 27, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: December 17, 2012
C. Date Answer and Administrative Record Were Filed: February 15, 2013; February 19, 2013
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties, to the best of their knowledge, state that the administrative 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, to the best of their knowledge, do not believe this case raises unusual claims or defenses.
7. OTHER MATTERS
This case is on appeal from a decision issued on remand from the Honorable Philip A. Brimmer in Case No. 08-cv-00005-PAB.
8. BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A. Plaintiff's Opening Brief Due: April 23, 2013
B. Defendant's Response Brief Due: May 23, 2013
C. Plaintiff's Reply Brief (If Any) Due: June 7, 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: _________
FREDERICK W. NEWALL
730 N. Weber, #101
Colorado Springs, CO 80903
Telephone: (719) 633-5211
Email: fnewall@qwestoffice.net
Attorney for Plaintiff JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCIA
Assistant United States Attorney
Email: j.b.garcia@usdoj.gov
By: _________
SARA PAPPAS BELLAMY
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: (303) 844-0014
Email: sara.bellamy@ssa.gov
Attorneys for Defendant