Opinion
Civil Action No. 1:11-cv-02202-AP
11-16-2011
GILBERT E. GARCIA Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Francis K. Culkin For Defendant: JOHN F. WALSH United States Attorney KEVIN TRASKOS Chief, Civil Division Assistant United States Attorney District of Colorado WILLIAM G. PHARO Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Francis K. Culkin
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Chief, Civil Division
Assistant United States Attorney
District of Colorado
WILLIAM G. PHARO
Assistant United States Attorney
District of Colorado
Stephanie Lynn F. Kiley
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: August 23, 2011
B. Date Complaint Was Served on U.S. Attorney's Office: August 25, 2011
C. Date Answer and Administrative Record Were Filed: October 24, 2011
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Counsel for Plaintiff states that the record is complete and accurate.
Counsel for Defendant states that the 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
Counsel for Plaintiff states: This case does not involve unusual claims or defenses.
Counsel for Defendant states: This case does not involve unusual claims or defenses.
7. OTHER MATTERS
Plaintiff's counsel will be out of the state on a long planned family vacation on December 27, 2011. The vacation will extend until January 8, 2012. For that reason plaintiff's counsel requests that the presumptive dates for filing the briefs be extended. Plaintiff's counsel requests a briefing schedule in which his Opening Brief is due on January 23, 2012, Defendant's Response Brief is due on February 22, 2012 and Plaintiff's Reply Brief is due on March 8, 2012. Plaintiff's counsel has informed plaintiff, Mr. Gilbert E. Garcia, regarding the requested extension of the presumptive filing dates. Mr. Garcia indicated he has no objection to the Court's issuing an Order extending the presumptive dates.
8. BRIEFING SCHEDULE
Counsel for both parties request the following proposed briefing schedule: A. Plaintiffs Opening Brief Due: January 23, 2012
B. Defendant's Response Brief Due: February 22, 2012
C. Plaintiffs Reply Brief (If Any) Due: March 08, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiffs Statement: Plaintiff does request an oral argument.
B. Defendant's Statement: Defendant does not request oral argument
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:
Francis K. Culkin
Attorney for Plaintiff
JAMES F. WALSH
United States Attorney
KEVIN TRASKOS
Acting Chief, Civil Division
United States Attorney's Office
District of Colorado
Stephanie F. Kiley
Special Assistant United States Attorney
Attorneys for Defendant.