Opinion
Civil Action No. 12-cv-2440-AP
12-10-2012
D'ANNA L. HOUSEMAN, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security Defendant.
For Plaintiff : Alan M. Agee, P.C. Alan M. Agee Teresa H. Abbott For Defendant :í John F. Walsh United States Attorney J. Benedict García Assistant United States Attorney United States Attorney's Office District of Colorado David I. Blower Special Assistant United States Attorney Denver, Colorado 80202
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Alan M. Agee, P.C.
Alan M. Agee
Teresa H. Abbott
For Defendant:í
John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney's Office
District of Colorado
David I. Blower
Special Assistant United States Attorney
Denver, Colorado 80202
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: 9/13/12
B. Date Complaint Was Served on U.S. Attorney's Office: 9/21/12
C. Date Answer and Administrative Record Were Filed: 11/19/12
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The Plaintiff states that the record is not complete and is missing a Listing Questionnaire from Dr. Dallas Thompson which is the basis of the motion to supplement the record. The Defendant opposes this motion. To the best of his knowledge, Defendant states that the record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence, except Ms. Houseman through counsel will be filing a motion to supplement the record requesting that Dr. Dallas Thompson's Listing Questionnaire dated 9/13/11 be made a part of the record.
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: 1/21/13
B. Defendant's Reply Brief (If Any) Due: 2/20/13
C. Plaintiff's Reply Brief (If Any) Due: 3/7/13
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff requests oral argument.
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: ALAN M. AGEE, P.C. Alan M. Agee
512 S. 8th Street
Colorado Springs, CO 80905
719-473-1515
ageealanmpc@qwestoffice.net
Teresa H. Abbott
3515 S. Tamarac Drive, Suite 200
Denver CO 80237
303-757-5000
303-689-9627 (facsimile)
Abbott.teresa@gmail.com
Attorneys for Plaintiff John F. Walsh
United States Attorney
By: David I. Blower
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-1571
303-844-0770 (facsimile)
David.blower@ssa.gov
Attorneys for Defendant