Opinion
Civil Action No. 12-cv-01985-AP
10-25-2012
BRIAN J. HUND, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Christopher R. Alger, Esq. For Defendant: JOHN F. WALSH United States Attorney J. BENEDICT GARCIA Assistant United States Attorney United States Attorney's Office District of Colorado THAYNE WARNER Special Assistant United States Attorney 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:
Christopher R. Alger, Esq.
For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCIA
Assistant United States Attorney
United States Attorney's Office
District of Colorado
THAYNE WARNER
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: July 30, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: August 6, 2012
C. Date Answer and Administrative Record Were Filed: October 5, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties, to the best of their knowledge, state that the administrative record is complete and accurate. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe this case raises unusual claims or defenses.
7. OTHER MATTERS
There are no other matters anticipated.
8. BRIEFING SCHEDULE
Defendant requests a due date one week later than the calculated date because of existing scheduling conflicts with other briefs. As such, Plaintiff's due dates have also been set back one week. Plaintiff does not object to the modified dates.
A. Plaintiff's Opening Brief Due: December 11, 2012
B. Defendant's Response Brief Due: January 10, 2013
C. Plaintiff's Reply Brief (If Any) Due: January 25, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff does not request oral argument.
B. Defendant's Statement: Defendant does not request oral argument.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
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 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.
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:
Christopher R. Alger
McDivitt Law Firm
Attorney for Plaintiff
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCIA
Assistant United States Attorney
United States Attorney's Office
District of Colorado
By: _________________
M. Thayne Warner
Special Assistant United States Attorney
Attorneys for Defendant