Opinion
Civil Action No. 1:12-cv-03068-AP
02-14-2013
Jacob R. Gasiorowski, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security Defendant.
For Plaintiff : Richard C. Losh, Jr. For Defendant : John F. Walsh United States Attorney J. Benedict Garcia Assistant United States Attorney United States Attorney's Office Alexess D. Rea Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Richard C. Losh, Jr.
For Defendant:
John F. Walsh
United States Attorney
J. Benedict Garcia
Assistant United States Attorney
United States Attorney's Office
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: November 21, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: November 23, 2012
C. Date Answer and Administrative Record Were Filed: January 22, 2013
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of his knowledge, Plaintiff states that the record is complete and accurate. To the best of his knowledge, Defendant states that the record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states that he plans to submit a supplemental report from neuropsychologist Jacob Pomerantz, Ph.D., as an attachment to his opening brief. Dr. Pomerantz' neuropsychological evaluation, dated 11/16/2009, is included in the administrative record at Exhibit 9F, pp. 422-429, and discussed by the administrative law judge in pages 10-11 of the hearing decision. Defendant states that he reserves the right to dispute the additional evidence in his response brief.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties state that this case does not raise unusual claims or defenses.
7. OTHER MATTERS
The parties state that there are no other matters.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: March 25, 2013
B. Defendant's Response Brief Due: April 24, 2013
C. Plaintiff's Reply Brief (If Any) Due: May 9, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff requests oral argument. Plaintiff requests oral argument in order to assist the judge in giving appropriate attention to the most important facts and specific issues as well as resolving any ambiguities in the case.
B. Defendant's Statement: Defendant does not request oral argument.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
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. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
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. 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: Richard C. Losh, Jr.
1525 Josephine Street
Denver, CO 80206
303-320-6821
303-320-6823 (facsimile)
rcatonlosh@msn.com
Attorney for Plaintiff John F. Walsh
United States Attorney
By: __________
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-7101
303-844-0770 (facsimile)
Alexess.rea@ssa.gov
Attorneys for Defendant