Opinion
Civil Action No. 12-cv-00744-AP
06-20-2012
JAMESON M. GILLESPIE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Daniel E. Burrows FOR HENRY J. FELDMAN 2001 York St Denver, CO 80205 Attorney for Plaintiff (SIGNED PER ELECTRONIC AUTHORIZATION) JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney DANIEL E. BURROWS Special Assistant U.S. Attorney Social Security Administration Office of the General Counsel Attorneys for Defendant
Joint Case Management Plan
1. APPEARANCES OF COUNSEL
For Plaintiff:
Henry J. Feldman
2001 York St
Denver, CO 80205
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 §§ 205(g), 1631(c)(3), 42 U.S.C. §§ 405(g), 1383(c)(3) (2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: March 24, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: March 29, 2012
C. Date Answer and Administrative Record Were Filed: May 29, 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: July 23, 2012
B. Defendant's Response Brief Due: August 22, 2012
C. Plaintiff's Reply Brief (If Any) Due: September 6, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff requests oral argument because he believes it would be helpful to clarify the issues presented in this case.
B. Defendant's Statement: Defendant requests oral argument. Defendant anticipates that Plaintiff will make an argument directly challenging the vocational expert's testimony in this case. While this is not a thoroughly unique argument, it is sufficiently outside the course of usual litigation under the Social Security Act that the Commissioner 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 7.1(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:
Daniel E. Burrows FOR
HENRY J. FELDMAN
2001 York St
Denver, CO 80205
Attorney for Plaintiff
(SIGNED PER ELECTRONIC
AUTHORIZATION)
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
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 June 15, 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:
Henry J. Feldman
hfeldman@juno.com
William George Pharo
william.pharo@usdoj.gov
Daniel E. Burrows
Office of the General Counsel
Social Security Administration