Opinion
Civil Action No. 12-cv-03371-AP
03-25-2013
ROBERT WOODEN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
For Plaintiff : K. MACHELLE GIELAROWSKI 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
JOINT CASE MANAGEMENT PLAN
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff:
K. MACHELLE GIELAROWSKI
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
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: December 29, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: January 7, 2013
C. Date Answer and Administrative Record Were Filed: March 8, 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 not on appeal from a decision issued on remand from this Court.
8. BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A. Plaintiff's Opening Brief Due: June 7, 2013
B. Defendant's Response Brief Due: July 8, 2013
C. Plaintiff's Reply Brief (If Any) Due: July 24, 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. (x) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge.
B. () 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: ______________
K. MACHELLE GIELAROWSKI
712 North Tejon Street, Suite 1
Colorado Springs, CO 80903
Telephone: (719) 264-0729
Email: giellaw@comcast.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