Opinion
Civil Action No. 12-cv-00535-AP
05-24-2012
RABIHA CHARAFEDDINE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Chris R. Noel For Defendant : John F. Walsh United States Attorney William G. Pharo Assistant United States Attorney District of Colorado M. Thayne Warner Special Assistant United States Attorney Office of the General Counsel Social Security Administration
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
William G. Pharo
Assistant United States Attorney
District of Colorado
M. Thayne Warner
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: March 1, 2012
B. Date Complaint was served on U.S. Attorney's Office: March 2, 2012
C. Date Answer and Administrative Record were filed: May 3, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states that the administrative record cannot be vouched for until it has been completely and finally reviewed after filing Plaintiff's opening brief.
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 reiterates her caveat regarding the administrative record.
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.
8. BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule:
A. Plaintiff's opening brief due July 2, 2012
B. Defendant's response brief due August 2, 2012
C. Plaintiff's reply brief due August 16, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff does 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 DC. COLO.L.CivR. 7.1(C) 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
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
District of Colorado
__________________
M. Thayne Warner
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration