Opinion
Civil Action No. 12-cv-03066-AP
03-07-2013
Mariana Martinez, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security Defendant.
For Plaintiff : Frederick W. Newall For Defendant : John F. Walsh United States Attorney J. Benedict Garcia Assistant United States Attorney Alexess D. Rea Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Frederick W. Newall
For Defendant:
John F. Walsh
United States Attorney
J. Benedict Garcia
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: November 20, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: December 17, 2012
C. Date Answer and Administrative Record Were Filed: February 14, 2013
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 do not anticipate any additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties state that this case does not appear to raise unusual claims or defenses.
7. OTHER MATTERS
The parties state that they are not aware of any other matters.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: April 26, 2013
B. Defendant's Response Brief Due: May 27, 2013
C. Plaintiff's Reply Brief (If Any) Due: June 10, 2013
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
Indicate below the parties' consent choice.
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. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
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. The parties agree that the Joint Case Management Plan may be altered or amended only upon a showing of good cause.
The briefing schedule is requested to be filed beyond the forty days due to an Opening Brief due in the James K. Thomas v. Carolyn W. Colvin, 12-cv-03096-AP all on 04-16-13. Also, Reply Brief is due 04-21-13 in Benjamin W. Swan v. Michael J. Astrue, 12-cv-2529-AP. Plaintiff asks for Opening Brief to be due on 04-26-13 instead of 04-15-13.
BY THE COURT:
John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED: _________
730 N. Weber, #101
Colorado Springs, CO 80903
719-633-5211
719-635-6503(facsimile)
fnewall@qwestoffice.net
Attorney for Plaintiff John F. Walsh
United States Attorney
By: Alexess Rea
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-7101
303-844-0770 (facsimile)
Alexess.rea@ssa.gov
Attorneys for Defendant