Opinion
Civil Action No. 12-cv-00646-AP
06-12-2012
JANICE GALLEGOS, individually and as next friend of A.N.G., a minor, and STARLA ROMINE, individually and as next friend of R.I.A.G., a minor, AS SUBSTITUTE PARTIES FOR CLAIMANT LEROY D. GALLEGOS (DECEASED) Plaintiffs, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Robert C. Dawes ROBERT DAWES LLC For Defendant : JOHN F. WALSH United States Attorney KEVIN TRASKOS Assistant United States Attorney Chief, Civil Division United States Attorney's Office District of Colorado ALEXESS D. REA Special Assistant United States Attorney 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:
Robert C. Dawes
ROBERT DAWES LLC
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Assistant United States Attorney
Chief, Civil Division
United States Attorney's Office
District of Colorado
ALEXESS D. REA
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: March 14, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: March 21, 2012
C. Date Answer and Administrative Record Were Filed: May 21, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: To the best of his knowledge the Record is complete.
Defendant states: To the best of his knowledge, the Record is complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states: None anticipated
Defendant states: None anticipated.
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
None.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: July 20, 2012
B. Defendant's Response Brief Due: August 20, 2012
C. Plaintiff's Reply Brief (If Any) Due: September 4, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Oral Argument is not requested.
B. Defendant's Statement: Oral Argument is not requested.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
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:
For Plaintiffs:
__________________
ROBERT C. DAWES
Robert Dawes LLC
PO Box 2547
Durango, CO 81302
Telephone: (970) 375-1114
rob@robdawes.com
Attorney for Plaintiff
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Deputy Chief, Civil Division
United States Attorney's Office
District of Colorado
Kevin.Traskos@usdoj.gov
By: __________________
ALEXESS D. REA
Special Assistant U. S. Attorney
Office of the General Counsel
Social Security Administration
1001 17th Street
Denver, CO 80202
Telephone: (303) 844-7101
Alexess.rea@ssa.gov
Attorneys for Defendant