Opinion
Civil Action No. 11-cv-02322-AP
12-06-2011
DANIEL O. ALVARAN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Patrick C.H. Spencer, II Attorney for Plaintiff For Defendant : John F. Walsh United States Attorney Kevin T. Traskos Deputy Civil Chief United States Attorney's Office District of Colorado William G. Pharo United States Attorney Office District of Colorado Michael Howard Special Assistant United States Attorney Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Patrick C.H. Spencer, II
Attorney for Plaintiff
For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney Office
District of Colorado
Michael Howard
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: September 2, 2011
B. Date Complaint was served on U.S. Attorney's Office: September 16, 2011
C. Date Answer and Administrative Record were filed: November 14, 2011 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 intend to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS
OR DEFENSES
The parties, to the best of their knowledge, do not believe the case raises unusual claims or defenses. 7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court. 8. PROPOSED BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule. Plaintiff's attorney has several deadlines including hearings and a Tenth Circuit appellate brief, which would greatly hinder his ability to prepare the opening brief within 40 days of the filing of this Joint Case Management Plan.
A. Plaintiff's opening brief due: January 30, 2012
B. Defendant's response brief due: February 29, 2012
C. Plaintiff's reply brief (if any) due: March 15, 2012 9. STATEMENTS REGARDING ORAL ARGUMENT
The parties do not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
The parties consent to the exercise of jurisdiction of a United States Magistrate Judge. 11. OTHER MATTERS
THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR CONTINUANCES MUST COMPLY WITH DC. COLO.L.CivR. 7.1(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON ALL ATTORNEYS OF RECORD AND ALL PRO SE PARTIES. 12. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause.
John L. Kane
SENIOR U.S. DISTRICT JUDGE
APPROVED:
Patrick C.H. Spencer, II
Attorney for Plaintiff
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney Office
District of Colorado
Michael S. Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on December 5, 2011, I electronically filed the foregoing "Joint Case Management Plan for Social Security Cases" with the with the Clerk of Court using the CM/ECMF system which will send notification of such filing to the following e-mail address(es):
Patrick@2spencers.com
usa-co-civil ecf@usdoj.gov
Michael S. Howard
Office of the General Counsel
Social Security Administration