Opinion
Civil Action No. 12-cv-01774-AP
10-01-2012
LORI M. BOHNER, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security Defendant.
For Plaintiff : JOSEPH A. WHITCOMB Rocky Mountain Disability Group For Defendant : JOHN F. WALSH United States Attorney District of Colorado J. BENEDICT GARCÍA Assistant United States Attorney District of Colorado ALEXESS D. REA Social Security Administration-Denver Office of General Counsel
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
JOSEPH A. WHITCOMB
Rocky Mountain Disability Group
For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
District of Colorado
ALEXESS D. REA
Social Security Administration-Denver
Office of General Counsel
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: July 9, 2012 B. Date Complaint Was Served on U.S. Attorney's Office: July 11, 2012 C. Date Answer and Administrative Record Were Filed: September 10, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
At this time, the Administrative Record appears to be complete and accurate; the parties will fully ascertain the completeness of the record upon the drafting and completion of their respective briefs.
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 do not foresee offering any unusual claims or defenses in this case.
7. OTHER MATTERS
The parties are not aware of any other matters at this time.
8. BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule: A. Plaintiff's Opening Brief Due: November 12, 2012 B. Defendant's Response Brief Due: December 12, 2012 C. Plaintiff's Reply Brief (If Any) Due: December 27, 2012
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
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. 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:
For Plaintiff:
____________
JOSEPH A. WHITCOMB
Rocky Mountain Disability Group
Attorney for Plaintiff
For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
District of Colorado
Alexess D. Rea
Social Security Administration
Denver
Office of General Counsel
Attorneys for Defendant