Opinion
Civil Action No. 12-cv-02508-AP
11-30-2012
Louis Apodaca, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant.
John F. Walsh UNITED STATES ATTORNEY Paul Radosevich Attorney for Plaintiff By: Stephanie Lynn F. Kiley Special Assistant U.S. Attorney Attorneys for Defendant
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Paul Radosevich, Esq.
1621 York Street
Denver, Colorado 80206
303-377-1300
presq@att.net
John F. Walsh
United States Attorney
J.B. Garcia
Assistant United States Attorney
District of Colorado
For Defendant:
Stephanie Lynn F. Kiley
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, Colorado 80202
(303) 844-0815
Stephanie.kiley@ssa.gov
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 21, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: September 24, 2012
C. Date Answer and Administrative Record Were Filed: November 19, 2012
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
Neither party intends to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe the cases raises unusual claims or defenses.
7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: January 14, 2013
B. Defendant's Reply Brief (If Any) Due: February 13, 2013
C. Plaintiff's Reply Brief (If Any) Due: February 28, 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:
John F. Walsh
UNITED STATES ATTORNEY
___________
Paul Radosevich
Attorney for Plaintiff
___________
By: Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney
Attorneys for Defendant