Opinion
Civil Action No. 12-cv-02568-AP
12-19-2012
TRACEY BARROWS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Benjamin T. Kennedy, Esq. Sawaya, Rose, McClure & Wilhite, P.C. Katie McClure, Esq. Sawaya, Rose, McClure & Wilhite, P.C. For Defendant: JOHN F. WALSH United States Attorney WILLIAM G. PHARO United States Attorney United States Attorney's Office J. BENEDICT GARCIA Assistant United States Attorney Robert L. Van Saghi Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Benjamin T. Kennedy, Esq.
Sawaya, Rose, McClure & Wilhite, P.C.
Katie McClure, Esq.
Sawaya, Rose, McClure & Wilhite, P.C.
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
United States Attorney
United States Attorney's Office
J. BENEDICT GARCIA
Assistant United States Attorney
Robert L. Van Saghi
Special Assistant United States Attorney
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 27, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: October 4, 2012
C. Date Answer and Administrative Record Were Filed: November 29, 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. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief.
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
There are no other matters anticipated.
8. BRIEFING SCHEDULE
Attorneys for both parties agree to the following proposed briefing schedule:
A. Plaintiff's Opening Brief Due: January 31, 2013
B. Defendant's Response Brief Due: March 4, 2013
C. Plaintiff's Reply Brief (If Any) Due: March 19, 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
All parties have not consented 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 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.
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.
BY THE COURT:
John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED: Benjamin T. Kennedy
Sawaya, Rose, McClure & Wilhite, P.C.
1600 Odgen Street
Denver, CO 80218
Telephone (303) 551-7701
E-mail: bkennedy@sawayalaw.com
Katie McClure
Sawaya, Rose, McClure & Wilhite, P.C.
1600 Ogden Street
Denver, CO 80218
Telephone (303) 551-7701
E-mail: kmcclure@sawayalaw.com
Attorneys for the Plaintiff JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
United States Attorney
United States Attorney's Office
District of Colorado
William.Pharo@usdoj.gov
_______________
J. Benedict Garcia
Assistant United States Attorney
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
(303) 454-0100
E-mail: JGarcia@usa.doj.gov
_______________
Robert L. Van Saghi
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
(303) 844-1948
Robert.vansaghi@ssa.gov
Attorneys for Defendant.