Opinion
Civil Action No. 12-cv-1479-AP
10-23-2012
NOEL KING, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Frederick W. Newall #10269, Esq. For Defendant: JOHN F. WALSH United States Attorney J.B. GARCÍA Assistant United States Attorney District of Colorado STEPHANIE LYNN F. KILEY 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:
Frederick W. Newall #10269, Esq.
For Defendant:
JOHN F. WALSH
United States Attorney
J.B. GARCÍA
Assistant United States Attorney
District of Colorado
STEPHANIE LYNN F. KILEY
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: June 6, 2012 B. Date Complaint Was Served on U.S. Attorney's Office: July 25, 2012 C. Date Answer and Administrative Record Were Filed: September 24, 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.
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
Counsel for both parties request the following proposed briefing schedule, which is outside the standard forty days due to Defendant's workload during December 2012: A. Plaintiffs Opening Brief Due: December 7, 2012 B. Defendant's Response Brief Due: January 8, 2013 C. Plaintiffs Reply Brief (If Any) Due: January 22, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiffs 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:
__________________
Frederick Newall
Attorney for Plaintiff
JOHN F. WALSH
United States Attorney
J.B. GARCÍA
Assistant U.S. Attorney
District of Colorado
By: __________________
Stephanie F. Kiley
Special Assistant United States Attorney
Attorneys for Defendant.