Opinion
Civil Action No. 12-cv-02719-AP
12-20-2012
STACIE BEABER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Chris R. Noel For Defendant : John F. Walsh United States Attorney J. Benedict Garcia Assistant United States Attorney District of Colorado Daniel Burrows Special Assistant United States Attorney Office of the General Counsel Social Security Administration John L. Kane
Judge John L. Kane
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff:
Chris R. Noel
For Defendant:
John F. Walsh
United States Attorney
J. Benedict Garcia
Assistant United States Attorney
District of Colorado
Daniel Burrows
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: October 12, 2012
B. Date Complaint was served on U.S. Attorney's Office: October 16, 2012
C. Date Answer and Administrative Record were filed: December 14, 2012 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states that the administrative record is presumed to be complete.
Defendant, to the best of his knowledge, states that the administrative record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states that additional evidence may be required depending on what a review of the record reveals. See paragraph four above.
Defendant does not intend to submit additional evidence. In the event Plaintiff seeks to supplement the record, Defendant requests an opportunity to review the additional evidence and an opportunity to respond to Plaintiff's request to supplement the record. 6. STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS OR DEFENSES
Plaintiff states there are no unusual claims or defenses.
Defendant, to the best of his knowledge, does 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. This case is not on appeal from any other remanding court. 8. BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule:
A. Plaintiff's opening brief due February 25, 2013
B. Defendant's response brief due March 25, 2013
C. Plaintiff's reply brief due April 3, 2013 9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff does not request oral argument.
B. 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.L.CivR. 6.1(E) 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.
BY THE COURT:
John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED: Chris R. Noel
Chris R. Noel
3000 Pearl Street, #212
Boulder, Colorado 80301-2431
303-449-6503
JOHN F. WALSH
United States Attorney
J. Benedict Garcia
Assistant United States Attorney
District of Colorado
Daniel Burrows
Daniel Burrows
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, Colorado 80202
(303) 844-7356
daniel.burrows@ssa.gov