Opinion
Civil Action No. 12-cv-1168-AP
10-15-2012
Margaret D. Devereaux, Plaintiff, v. Michael Astrue, Commissioner of Social Security, Defendant.
For Plaintiff: Patrick C.H. Spencer, II 830 Tenderfoot Hill Road, Suite 320 Colorado Springs, CO 80906 For Defendant: William G. Pharo Special Assistant U.S. Attorney Daniel E. Burrows Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Patrick C.H. Spencer, II
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
For Defendant:
William G. Pharo
Special Assistant U.S. Attorney
Daniel E. Burrows
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 4, 2012.
B. Date Complaint Was Served on U.S. Attorney's Office: May 7, 2012.
C. Date Answer and Administrative Record Were Filed: July 9, 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.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence.
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 unusual claims or defenses.
7. OTHER MATTERS
There are no other matters anticipated. 8. BRIEFING SCHEDULE
The parties agreed to adjust the briefing schedule to accommodate conflicts on counsels' calendars due to office closures on and around Thanksgiving, Christmas and New Year's day.
A. Plaintiff's Opening Brief Due: November 28, 2012.
B. Defendant's Response Brief Due: December 28, 2012.
C. Plaintiff's Reply Brief (If Any) Due: January 14, 2013.
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff does not request oral argument.
B. 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:
By: Patrick C.H. Spencer II
Attorney(s) for Plaintiff(s)
UNITED STATES ATTORNEY
By: Special Assistant U.S. Attorney
United States Attorney's Office Attorney for Defendant(s) Please affix counsel's signatures and any pro se party's signatures before submission of the proposed Joint Case Management Plan to the court.