Opinion
Civil Action No. 12-cv-00593-AP
06-05-2012
THERESA R. LONGMORE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Plaintiff.
For Plaintiff: Alan M. Agee, P.C. ALAN M. AGEE, Esq. Colorado Springs, CO 80905 For Defendant: JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado Debra J. Meachum Special Assistant United States Attorney Denver, Colorado 80202 Attorneys for Defendant
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL
For Plaintiff:
Alan M. Agee, P.C.
ALAN M. AGEE, Esq.
Colorado Springs, CO 80905
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Debra J. Meachum
Special Assistant United States Attorney
Denver, Colorado 80202
Attorneys for Defendant
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: 3/8/12.
B. Date Complaint Was Served on U.S. Attorney's Office: 3/15/11.
C. Date Answer and Administrative Record Were Filed: 5/14/12.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff's counsel, who did not represent Plaintiff at the administrative level, intends to file a motion to supplement the record with speech therapy records from Memorial Hospital. Plaintiff's counsel states, to his knowledge, that the administrative record is otherwise complete.
Defendant's counsel states, to the best of her knowledge, that the administrative record is complete. Defendant's counsel will respond to Plaintiff's motion to supplement the record, when filed, as she cannot agree to supplement the record with evidence that was not before the agency when the final administrative decision was issued in this case.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff's counsel did not represent the Plaintiff at the administrative level and will determine during the briefing schedule if new evidence will be submitted.
Defendant's counsel states that she does not intend to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL
CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe the case 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
A. Plaintiff's Opening Brief Due: 7/13/12
B. Defendant's Response Brief Due: 8/13/12
C. Plaintiff's Reply Brief (If Any) Due: 8/28/12
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
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:
For Plaintiff:
__________________
Alan M. Agee, P.C.
ALAN M. AGEE, Esq.
Colorado Springs, CO 80905
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
__________________
DEBRA J. MEACHUM
Special Assistant United States Attorney
Attorneys for Defendant