Opinion
Civil Action No. 12-cv-00102-AP
04-16-2012
MARK DAVID BURGER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Plaintiff.
Bruce C. Bernstein For Defendant: JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado Debra J. Meachum Special Assistant United States Attorney Attorneys for Defendant
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL
For Plaintiff:
Bruce C. Bernstein, P.C.
Bruce C. Bernstein
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Debra J. Meachum
Special Assistant United States Attorney
Attorneys for Defendant
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: 1/13/12.
B. Date Complaint Was Served on U.S. Attorney's Office: 2/7/12.
C. Date Answer and Administrative Record Were Filed: 3/26/12.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: upon preliminary review, it appears to be adequate.
Defendant states, to the best of his knowledge, that the administrative record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
None at this time.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
None at this time.
7. OTHER MATTERS
None at this time.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: 5/22/12
B. Defendant's Response Brief Due: 6/21/12
C. Plaintiff's Reply Brief (If Any) Due: 7/6/12
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff will address this matter in his opening brief.
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:
Bruce C. Bernstein
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
By: Debra J. Meachum
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration