Opinion
Civil Action No. 1:12-cv-01659-AP
09-21-2012
DOUGLAS FORD, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
For Plaintiff : Diane K. Bross For Defendant : Daniel E. Burrows Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration
Joint Case Management Plan
1. APPEARANCES OF COUNSEL
For Plaintiff:
Diane K. Bross
For Defendant:
Daniel E. Burrows
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This Court has jurisdiction based on Social Security Act § 1631(c)(3), 42 U.S.C. § 1383(c)(3) (2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: June 25, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: July 6, 2012
C. Date Answer and Administrative Record Were Filed: September 4, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe the administrative record is complete and accurate.
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 do not believe this case raises any unusual claims or defenses.
7. OTHER MATTERS
This case is not on appeal from a decision issued on remand. The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: October 29, 2012
B. Defendant's Response Brief Due: December 17, 2012
C. Plaintiff's Reply Brief (If Any) Due: January 2, 2013
These dates are adjusted from the ordinary timetable because Defendant's attorney and his wife are expecting a baby in late October and he expects to be out of the office on paternity leave for several weeks.
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff does not request oral argument.
B. Defendant's Statement: Defendant requests oral argument. He anticipates that Plaintiff will make an argument regarding the import of a doctor's assessment of "marked" limitations in various areas of functioning. This is something on which there is direct, published authority in other circuits, but which the Tenth Circuit has only addressed obliquely and in an unpublished opinion. Therefore, Defendant believes oral argument would be helpful for illuminating and clarifying the parties' positions.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
The parties do not consent to the exercise of jurisdiction by a magistrate judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with D.C.COLO.LCivR 6.1(E) 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:
__________________
DIANE K. BROSS
Attorney for Plaintiff
(SIGNED PER ELECTRONIC
AUTHORIZATION)
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
__________________
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on September 21, 2012, I electronically filed the foregoing Joint Case Management Plan with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following:
Diane Katherine Bross
dianebross@dianebrosslaw.com
William George Pharo
william.pharo@usdoj.gov
Daniel E. Burrows
Office of the General Counsel
Social Security Administration