Opinion
Civil Action No. 12-cv-03132-AP
02-26-2013
REBECCA D. WEST, Plaintiff, v. CAROLYN COLVIN, Acting Commissioner of Social Security, Defendant.
Meghan Frei Berglind on behalf of Patrick C.H. Spencer, II 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 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:
For Plaintiff:
Patrick C.H. Spencer, II
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
(719) 632-4808
patrick@2spencers.com
For Defendant:
Meghan Frei Berglind
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
(303) 244-8544
meghan.berglind@ssa.gov
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This Court has jurisdiction based on Social Security Act § 205(g), 42 U.S.C. § 405(g)(2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: November 30, 2012
B. Date Complaint Was Served on the U.S. Attorney's Office: December 4, 2012
C. Date Answer Was Filed: February 5, 2013
D. Date Administrative Record Was Filed: February 5, 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. Defendant has no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
Because of conflicts with Plaintiff's counsel calendar that would occur with an earlier briefing schedule, the parties request that the opening brief be due approximately 60 days after the filing of this proposed Joint Case Management Plan.
A. Plaintiff's Opening Brief Due: April 19, 2013
B. Defendant's Response Brief Due: May 20, 2013
C. Plaintiff's Reply Brief (If Any) Due: June 4, 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
The parties do not consent to the exercise of jurisdiction by a magistrate judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with D.C.COLO.LCivR 6.1(E) 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 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: Meghan Frei Berglind on behalf of
Patrick C.H. Spencer, II
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
MEGHAN FREI BERGLIND
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
Attorneys for Defendant