Crosley ex rel. M.G. v. Astrue

Full title: JUDITH CROSLEY OBO M.G., Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Oct 23, 2012

Civil Action No. 12-cv-01288-AP (D. Colo. Oct. 23, 2012)

Opinion

Civil Action No. 12-cv-01288-AP

10-23-2012

JUDITH CROSLEY OBO M.G., Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

For Plaintiff : Anthony L. Sokolow Attorney for Plaintiff For Defendant : John F. Walsh United States Attorney J. Benedict Garcia Assistant United States Attorney United States Attorney's Office District of Colorado Michael Howard Special Assistant United States Attorney Office of the General Counsel Social Security Administration

John L. Kane

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff:
Anthony L. Sokolow
Attorney for Plaintiff
For Defendant:
John F. Walsh
United States Attorney
J. Benedict Garcia
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Michael Howard
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: May 16, 2012
B. Date Complaint was served on U.S. Attorney's Office: August 2, 2012
C. Date Answer and Administrative Record were filed: October 1, 2012

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. Notwithstanding, the parties would reserve objections regarding the adequacy of the record for the parties' respective briefs on the merits of the case.

5. STATEMENT REGARDING ADDITIONAL EVIDENCE

The parties do not intend 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 case 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: December 3, 2012
B. Defendant's response brief due: January 4, 2013
C. Plaintiff's reply brief (if any) due: January 21, 2013

9. STATEMENTS REGARDING ORAL ARGUMENT

Neither party requests oral argument.

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE

All parties consent 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.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:

__________________

Anthony L. Sokolow

Attorney for Plaintiff

John F. Walsh

United States Attorney

J. Benedict Garcia

Assistant United States Attorney

United States Attorney's Office

District of Colorado

__________________

Michael S. Howard

Special Assistant United States Attorney

Office of the General Counsel

Social Security Administration

Attorneys for Defendant

CERTIFICATE OF SERVICE

I hereby certify that on October 23, 2012, I electronically filed the foregoing "Joint Case Management Plan for Social Security Cases" with the with the Clerk of Court using the CM/ECMF system which will send notification of such filing to the following e-mail address(es):

asokolow@asokolow.com

usa-co-civil_ecf@usdoj.gov

Michael S. Howard

Office of the General Counsel

Social Security Administration