Opinion
Civil Action No. 12-cv-01766-AP
10-01-2012
ANDY E. CROSS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Alan M. Agee, Esq. Alan M. Agee, P.C. For Defendant : Jessica Milano Special Assistant United States Attorney Assistant Regional Counsel 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:
Alan M. Agee, Esq.
Alan M. Agee, P.C.
For Defendant:
Jessica Milano
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This is an appeal of a Social Security benefits application. The Court has jurisdiction pursuant to 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 12, 2012
C. Date Answer and Administrative Record Were Filed: September 11, 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. See paragraph 5 below.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Neither party intends to submit additional evidence, (unless upon review of the record during the briefing schedule it is determined that there are records missing from the administrative record that have previously been received by the Agency). 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe this case raises any unusual claims or defenses.
7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
Counsel for both parties conferred and agreed upon the following proposed briefing schedule:
A. Plaintiff's Opening Brief: November 13, 2012
B. Response Brief due: December 13, 2012
C. Reply Brief due: December 28, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff requests 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:
Jessica Milano for
Alan M. Agee, Esq.
Alan M. Agee, P.C.
Attorney for Plaintiff
(SIGNED PER ELECTRONIC
AUTHORIZATION)
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Jessica Milano
Special Assistant United States Attorney
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on October 1, 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):
ageealanmpc@qwestoffice.net (Plaintiff's counsel)
william.pharo@usdoj.gov
USACO.ECFCivil@usdoi.gov
jessica.milano@ssa.gov
Jessica Milano
Office of the General Counsel
Social Security Administration