Opinion
Civil Action No. 12-cv-01402-AP
09-20-2012
ROBERT HARVEY LUTGENS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
MICHAEL W. SECKAR Attorney for Plaintiff (SIGNED PER ELECTRONIC AUTHORIZATION) JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney DANIEL E. BURROWS Special Assistant U.S. Attorney Social Security Administration Office of the General Counsel Attorneys for Defendant
Joint Case Management Plan
1. APPEARANCES OF COUNSEL
For Plaintiff: Michael W. Seckar For Defendant: Daniel E. Burrows
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This Court has jurisdiction based on Social Security Act § 205(g), 42 U.S.C. § 405(g) (2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: May 30, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: July 6, 2012
C. Date Answer and Administrative Record Were Filed: September 4, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe the administrative record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Neither party intends to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties do not believe this case raises any unusual claims or defenses.
7. OTHER MATTERS
This case is not on appeal from a decision issued on remand. The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: October 29, 2012
B. Defendant's Response Brief Due: December 12, 2012
C. Plaintiff's Reply Brief (If Any) Due: December 27, 2012
These dates are adjusted from the ordinary timetable because Defendant's attorney and his wife are expecting a baby in late October and he expects to be out of the office on paternity leave for several weeks.
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
The parties do not consent to the exercise of jurisdiction by a magistrate judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with D.C.COLO.LCivR 6.1(E) 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: Daniel E. Burrows FOR
MICHAEL W. SECKAR
Attorney for Plaintiff (SIGNED PER ELECTRONIC
AUTHORIZATION)
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
____________________
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on September 20, 2012, I electronically filed the foregoing Joint Case Management Plan with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following:
Michael W. Seckar
seckarlaw@mindspring.com
William George Pharo
william.pharo@usdoj.gov
Daniel E. Burrows
Office of the General Counsel
Social Security Administration