Opinion
Civil Action No. 11-cv-01491-AP
08-22-2011
NICHOLE HAMBLEN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Chris R. Noel For Defendant : John F. Walsh United States Attorney Kevin T. Traskos Civil Chief Assistant United States Attorney District of Colorado William G. Pharo Assistant United States Attorney District of Colorado MICHAEL HOWARD Special Assistant United States Attorney Assistant Regional Counsel 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:
Chris R. Noel
For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Civil Chief
Assistant United States Attorney
District of Colorado
William G. Pharo
Assistant United States Attorney
District of Colorado
MICHAEL HOWARD
Special Assistant United States Attorney
Assistant Regional Counsel
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: June 7, 20114. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
B. Date Complaint was served on U.S. Attorney's Office: June 10, 2011
C. Date Answer and Administrative Record were filed: August 9, 2011
Plaintiff states: the record cannot be vouched for until after Plaintiff's opening brief is finally drafted and filed.
Defendant, to the best of his knowledge, states that the administrative record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff will move to supplement and/or correct the record if it is defective, missing evidence, or does not contain evidence that was submitted administratively but may have inadvertently been left out of the record.
Defendant does not intend to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe the cases raises unusual claims or defenses. 7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule:
A. Plaintiff's opening brief due October 20, 20119. STATEMENTS REGARDING ORAL ARGUMENT
B. Defendant's response brief due November 20, 2011
C. Plaintiff's reply brief due December 5, 2011
A. Plaintiff does request oral argument if only to clarify the issues or at the behest of the court.10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
B. Defendant does not request oral argument.
Plaintiff respectfully requests a ten day extension for filing the opening brief as scheduling for another opening brief conflicts with the instant case.
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 DC. COLO.L.CivR. 7.1(C) BY SUBMITTING PRROF 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:
Chris R. Noel
JOHN F. WALSH
United States Attorney
KEVIN T. TRASKOS
Civil Chief
Assistant United States Attorney
District of Colorado
WILLIAM G. PHARO
Assistant United States Attorney
MICHAEL HOWARD
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration