Opinion
Civil Action No. 12-cv-01478-AP
10-16-2012
CELIA GARCIA DENUNEZ, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : VIRGINIA L. CARD SMITH For Defendant : JOHN F. WALSH United States Attorney District of Colorado J. BENEDICT GARCÍA Assistant United States Attorney ALEXESS D. REA Special Assistant United States Attorney
DEFENDANT'S JOINT CASE MANAGEMENT PLAN
Defendant, Commissioner of Social Security ("Commissioner"), hereby submits this proposed joint case management plan. Pursuant to D.C. COLO. L. CIV. R. 7.1(A), on October 15, 2012, the undersigned counsel for the Commissioner made reasonable, good faith efforts to confer with Plaintiff's counsel as to this matter by email and a voice message, but was unable to reach her.
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff: VIRGINIA L. CARD SMITH For Defendant: JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
ALEXESS D. REA
Special Assistant United States Attorney
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: June 6, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: July 25, 2012
C. Date Answer and Administrative Record Were Filed: September 25, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
At this time, the Administrative Record appears to be complete and accurate; the parties will fully ascertain the completeness of the record upon the drafting and completion of their respective briefs.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Defendant does not anticipate submitting additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
Defendant does not foresee offering any unusual claims or defenses in this case.
7. OTHER MATTERS
Defendant is not aware of any other matters at this time.
8. BRIEFING SCHEDULE
Defendant proposes the following briefing schedule: A. Plaintiff's Opening Brief Due: November 26, 2012
B. Defendant's Response Brief Due: December 27, 2012
C. Plaintiffs Reply Brief (If Any) Due: January 11, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement:
Plaintiff _____________ 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
Defendant agrees 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:
_____________
VIRGINIA L. CARD SMITH
Attorney for Plaintiff
For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
_____________
ALEXESS D. REA
Special Assistant United States Attorney
Attorneys for Defendant