Opinion
Civil Action No. 1:12-cv-02158-AP
11-08-2012
SYLVESTER E. BLATTENBAUER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Gordon F. Esplin 155 East Boardwalk, Suite 400 For Defendant: JOHN F. WALSH United States Attorney J.B. GARCÍA Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Gordon F. Esplin
155 East Boardwalk, Suite 400
For Defendant:
JOHN F. WALSH
United States Attorney
J.B. GARCÍA
Assistant United States Attorney
District of Colorado
Stephanie Lynn F. Kiley
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: August 15, 2012 B. Date Complaint Was Served on U.S. Attorney's Office: August 20, 2012 C. Date Answer and Administrative Record Were Filed: October 19, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Counsel for Plaintiff has filed a motion to supplement the record or remand for additional evidence. To the best of her knowledge, Counsel for Defendant states that the record is complete and accurate. The evidence relevant to this case is limited to the transcript filed by the Defendant as required by 42 U.S.C. § 405(g). Counsel for Defendant intends to respond to Plaintiff's motion in a separate pleading.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Counsel for Plaintiff has filed a motion to supplement the record or remand for additional evidence. Counsel for Defendant states that the decision at issue was based on the evidence before the administrative law judge and that the only evidence relevant to this case is limited to the evidence in the transcript filed by the Defendant pursuant to 42 U.S.C. § 405(g). 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 her knowledge, this case does not involve unusual claims or defenses.
7. OTHER MATTERS
There are no other matters anticipated.
8. BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule, which (due to Defendant's briefing schedule), is outside of the standard timeframe: A. Plaintiffs Opening Brief Due: December 27, 2012 B. Defendant's Response Brief Due: January 28, 2013 C. Plaintiffs Reply Brief (If Any) Due: February 12, 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.COLOLCivR 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: ____________
Gordon F. Esplin
____________
JAMES 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.