Opinion
Civil Action No. 12-cv-00520-AP
06-12-2012
JOEY J. MANGANELLO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant.
For Plaintiff : Gail C. Harriss GAIL C. HARRISS, LLC For Defendant : JOHN F. WALSH United States Attorney KEVIN TRASKOS Chief, Civil Division United States Attorney's Office District of Colorado Robert L. Van Saghi Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Gail C. Harriss
GAIL C. HARRISS, LLC
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Chief, Civil Division
United States Attorney's Office
District of Colorado
Robert L. Van Saghi
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: 2/28/12
B. Date Complaint Was Served on U.S. Attorney's Office: 3/23/12
C. Date Answer and Administrative Record Were Filed: 5/18/12
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of his knowledge, Plaintiff states that the Record is complete and accurate. To the best of his knowledge, Defendant states that the Record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties state that there are no other matters.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties state that this case does not raise unusual claims or defenses.
7. OTHER MATTERS
The parties state that there are no other matters.
8. BRIEFING SCHEDULE
Plaintiff's counsel is requesting the opening brief be due July 19th. This more than 40 days from the date this JCMP is file. Plaintiff's counsel, however, has Social Security hearings in Grand Junction on Thursday, July 12, 2012, which will require travel of four hours each way to attend. Plaintiff's counsel also has two Worker's Compensation hearings scheduled on July 11, 2012 and an Opening Brief due in another social security case in the United States District Court on Monday, July 16, 2012....ok/JLK
A. Plaintiff's Opening Brief Due: July 19, 2012
B. Defendant's Response Brief Due: August 13, 2012
C. Plaintiff's Reply Brief (If Any) Due: August 31, 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
All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.
11. OTHER MATTERS
IN ADDITION TO FILING AN APPROPRIATE NOTICE WITH THE CLERK'S OFFICE, COUNSEL MUST FILE A COPY OF ANY NOTICE OF WITHDRAWAL, NOTICE OF SUBSTITUTION OF COUNSEL, OR NOTICE OF CHANGE OF COUNSEL'S ADDRESS OR TELEPHONE NUMBER WITH THE CLERK OF THE UNITED STATES MAGISTRATE JUDGE ASSIGNED TO THIS CASE. IN ADDITION TO FILING AN APPROPRIATE NOTICE WITH THE CLERK'S OFFICE, A PRO SE PARTY MUST FILE A COPY OF A NOTICE OF CHANGE OF HIS OR HER ADDRESS OR TELEPHONE NUMBER WITH THE CLERK FO THE UNITED STATES MAGISTRATE JUDGE ASSIGNED TO THIS CASE. 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:
__________
Gail C. Harriss
GAIL C. HARRISS, LLC
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Chief, Civil Division
United States Attorney's Office
District of Colorado
____________________
Special Assistant United States Attorney