Opinion
Civil Action No. 12-cv-02268-AP
11-09-2012
ROBERT H. BATES II, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
APPROVED: Robert K. Gruber 3500 South Wadsworth Blvd., Suite 215 Lakewood, Colorado 80235-2382 Attorney for Plaintiff JOHN F. WALSH United States Attorney J.B. GARCÍA Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley Assistant Regional Counsel Attorneys for Defendant.
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff: Robert K. Gruber, #9413
3500 South Wadsworth Blvd., Suite 215
Lakewood, Colorado 80235-2382
Telephone (303) 986-6400
FAX (303) 986-6800
E-mail: bobgruber@earthlink.net
Attorney for Plaintiff
For Defendant:
JOHN F. WALSH
United States Attorney
J.B. GARCÍA
Assistant United States Attorney
District of Colorado
Stephanie Fishkin Kiley
Special Assistant United States Attorney
Social Security Administration
1001 17th Street, 6th Floor
Denver, Colorado 80202
Telephone: 303-844-0815
Facsimile: 303-844-0770
E-mail: 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: August 25, 2012 B. Date Complaint Was Served on U.S. Attorney's Office: August 29, 2012 C. Date Answer and Administrative Record Were Filed: October 29, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of his knowledge, Counsel for Plaintiff states that the record is complete and
accurate.
To the best of her knowledge, Counsel for Defendant states that the 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
Counsel for Plaintiff states: To the best of his knowledge, this case does not involve unusual
claims or defenses.
Counsel for Defendant states: To the best of his knowledge, this case does not involve unusual
claims or defenses.
7. OTHER MATTERS
There are no other matters anticipated.
8. BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule: A. Plaintiffs Opening Brief Due: December 31, 2012 B. Defendant's Response Brief Due: January 30, 2013 C. Plaintiffs Reply Brief (If Any) Due: February 14, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiffs 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: _____________
Robert K. Gruber
3500 South Wadsworth Blvd., Suite 215
Lakewood, Colorado 80235-2382
Attorney for Plaintiff
JOHN F. WALSH
United States Attorney
J.B. GARCÍA
Assistant United States Attorney
District of Colorado
By: ________________
Stephanie Lynn F. Kiley
Assistant Regional Counsel
Attorneys for Defendant.