Opinion
Civil Action No. 11-cv-01081-AP
09-12-2011
GEORGIANNA MONTGOMERY-BROOKS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Teresa Abbott Law Office of Teresa Abbott, P.C. For Defendant : John F. Walsh United States Attorney Kevin T. Traskos Deputy Civil Chief United States Attorney's Office District of Colorado William G. Pharo United States Attorney Office District of Colorado Michael Howard Special Assistant United States Attorney Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
Defendant, Commissioner of Social Security ("Commissioner"), hereby submits this proposed joint case management plan. Pursuant to D.C. COLO. L. CIV. R. 7.1(A), the undersigned counsel for the Commissioner made reasonable, good faith efforts to confer with Plaintiff.
Despite making efforts to confer, the Commissioner was unable to obtain Plaintiff's agreement to a joint case management plan. The Commissioner's attorney, Michael Howard, spoke with Plaintiff herself over the phone on August 26, 2011, when she was still a pro se party, and a joint case management plan was presented to Plaintiff. Plaintiff indicated she may be hiring an attorney and would evaluate the plan at a later time. Mr. Howard was then out of the office until August 31, 2011, traveling for a court appearance. On August 31, Teresa Abbott entered an appearance in the case, and Mr. Howard contacted Ms. Abbott with a proposed joint case management plan, both via email and telephone. Ms. Abbott did not respond, and the Commissioner filed this proposed joint case management plan.
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Teresa Abbott
Law Office of Teresa Abbott, P.C.
For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney Office
District of Colorado
Michael Howard
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: May 6, 2011
B. Date Complaint was served on U.S. Attorney's Office: June 13, 2011
C. Date Answer and Administrative Record were filed: August 11, 2011
This date refers to Plaintiff's amended complaint.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The Commissioner states that, to the best of his knowledge, the administrative record is complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The Commissioner does not intend to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS OR DEFENSES
The defendant Commissioner states that this case involves whether the agency properly declined to waive the collection of an overpayment of benefits. Jurisdiction is found under 42 U.S.C. 405(g); however, this issue is relatively less common than appeals of the denial of disability benefits.
7. OTHER MATTERS
The Commissioner has no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
The Commissioner respectfully requests the following briefing schedule
A. Plaintiff's opening brief due: October 10, 2011
B. Defendant's response brief due: November 9, 2011
C. Plaintiff's reply brief (if any) due: November 24, 2011
9. STATEMENTS REGARDING ORAL ARGUMENT
A. The Commissioner is not aware of whether Plaintiff requests oral argument.
B. The Commissioner does not request oral argument.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
The Commissioner consents 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 DC. COLO.L.CivR. 7.1(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON 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:
Teresa Abbott
Law Office of Teresa Abbott, P.C.
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney Office
District of Colorado
Michael Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration