Opinion
Civil Action No. 12-cv-02935-AP
02-05-2013
J. K. Crabb, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant.
John F. Walsh United States Attorney J.B. García Assistant United States Attorney District of Colorado For Plaintiff : Christopher R. Alger McDivitt Law Firm For Defendant : Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES John F. Walsh
United States Attorney
J.B. García
Assistant United States Attorney
District of Colorado
For Plaintiff:
Christopher R. Alger
McDivitt Law Firm
For Defendant:
Stephanie Lynn F. Kiley
Special Assistant United States Attorney
Office of the 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: November 8, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: November 15, 2012
C. Date Answer and Administrative Record Were Filed: January 14, 2013
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties, to the best of their knowledge, state that the administrative record is complete and accurate. Plaintiff reserves the right to supplement the record in this case with any presently undisclosed evidence from the administrative record. Defendant states that the only relevant evidence in this appeal is that which was before the agency at the time of the agency's decision. In the event Plaintiff believes the certified administrative record filed with this Court does not include all of the evidence that was before the agency at the time of the agency's decision, Defendant requests that Plaintiff submit the evidence to agency counsel to resolve the issue.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Neither party intends to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do 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 request the following briefing schedule within the standard time frame:
A. Plaintiff's Opening Brief Due: March 18, 2013
B. Defendant's Response Brief Due: April 17, 2013
C. Plaintiff's Reply Brief (If Any) Due: May 2, 2013
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
Indicate below the parties' consent choice.
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. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
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. 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:
ATTORY FOR PLAINTIFF
_________________
By: Christopher R. Alger
McDivitt Law Firm
UNITED STATES ATTORNEY _______________________
By: Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney