Filed: Feb. 25, 2013
Latest Update: Feb. 25, 2013
Summary: Joint Case Management Plan JOHN L. KANE, District Judge. 1. APPEARANCES OF COUNSEL For Plaintiff : For Defendant : K. Machelle Gielarowski Daniel E. Burrows 712 N Tejon St Special Assistant U.S. Attorney Suite 1 Office of the General Counsel Colorado Springs, CO 80903 Social Security Administration (719) 264-0729 1001 17th St giellaw@comcast.net
Summary: Joint Case Management Plan JOHN L. KANE, District Judge. 1. APPEARANCES OF COUNSEL For Plaintiff : For Defendant : K. Machelle Gielarowski Daniel E. Burrows 712 N Tejon St Special Assistant U.S. Attorney Suite 1 Office of the General Counsel Colorado Springs, CO 80903 Social Security Administration (719) 264-0729 1001 17th St giellaw@comcast.net ..
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Joint Case Management Plan
JOHN L. KANE, District Judge.
1. APPEARANCES OF COUNSEL
For Plaintiff: For Defendant:
K. Machelle Gielarowski Daniel E. Burrows
712 N Tejon St Special Assistant U.S. Attorney
Suite 1 Office of the General Counsel
Colorado Springs, CO 80903 Social Security Administration
(719) 264-0729 1001 17th St
giellaw@comcast.net Denver, CO 80202
(303) 844-7356
daniel.burrows@ssa.gov
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This Court has jurisdiction based on § 205(g) and Social Security Act § 1631(c)(3), 42 U.S.C. § 1383(c)(3) (2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: November 21, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: December 10, 2012
C. Date Answer and Administrative Record Were 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
Neither party intends 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 on appeal from a decision issued on remand. The original case was Klies v. Astrue, Civil Action No. 09-cv-02787-MSK (D. Colo.). Judge Marcia Krieger made oral findings and conclusions and ordered the case remanded on June 3, 2011. Judgment was entered on June 9, 2011. The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: April 15, 2013
B. Defendant's Response Brief Due: May 15, 2013
C. Plaintiff's Reply Brief (If Any) Due: May 30, 2013
This departs from the usual briefing schedule in Social Security cases because Plaintiff's attorney expects to be out of the country for several weeks in March and April.
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff does not request oral argument.
B. Defendant's Statement: Defendant requests oral argument. Agency counsel anticipates that briefing in this case may raise legal issues that are not frequently addressed in the course of litigation under the Social Security Act. Therefore, the Acting Commissioner believes oral argument would be helpful for illuminating and clarifying the parties' positions.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
All parties intend to 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 parties agree that the joint case management plan may be altered or amended only upon a showing of good cause.
