Opinion
Civil Action No. 12-cv-01265-AP
08-06-2012
TAMI KAISER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Plaintiff, appearing pro se : TAMI L. KAISER For Defendant: JOHN F. WALSH United States Attorney District of Colorado KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office WILLIAM G. PHARO Assistant United States Attorney ALEXESS D. REA Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
Defendant, Commissioner of Social Security ("Commissioner"), hereby submits a joint case management plan. On June 1, 2012, Plaintiff, who is appearing pro se, unilaterally filed a joint case management plan (Dkt. 9). However, pursuant to D.C. COLO. L. CIV. R. 7.1(A), the undersigned counsel for the Commissioner contacted Plaintiff by telephone on July 26, 2012, to confer regarding a joint case management plan for the case. Defendant has incorporated Plaintiff's responses from Plaintiff's June 1, 2012 joint case management plan and Plaintiff's responses during the July 26, 2012 telephone conversation in completing this joint case management plan.
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
Plaintiff, appearing pro se :
TAMI L. KAISER
For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
KEVIN TRASKOS
Deputy Chief, Civil Division
United States Attorney's Office
WILLIAM G. PHARO
Assistant United States Attorney
ALEXESS D. REA
Special Assistant United States Attorney
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 14, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: May 30, 2012
C. Date Answer and Administrative Record Were Filed: July 30, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Defendant states that, at this time, the Administrative Record appears to be complete and accurate.
Plaintiff states that the record does not contain treatment records from the past couple of months.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Defendant does not anticipate submitting additional evidence.
Plaintiff states that she plans to see a knee surgeon.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties do not foresee offering any unusual claims or defenses in this case.
7. OTHER MATTERS
Defendant is not aware of any other matters at this time.
Plaintiff states that she has obesity, and that her doctor recommended she move to a warmer climate due to her "arthritis."
8. BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A. Plaintiff's Opening Brief Due: September 10, 2012
B. Defendant's Response Brief Due: October 10, 2012
C. Plaintiffs Reply Brief (If Any) Due: October 25, 2012
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
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. 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:
Plaintiff:
TAMI L. KAISER
For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
KEVIN TRASKOS
Deputy Chief, Civil Division
United States Attorney's Office
WILLIAM G. PHARO
Assistant United States Attorney
______________________
ALEXESS D. REA
Special Assistant United States Attorney