Opinion
Case No.: 11-cv-1145-AP
09-26-2011
JENNIFER A. McGOWAN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
APPROVED: Frederick W. Newall, Esq. 730 N. Weber, #101 Attorney for Plaintiff JOHN F. WALSH UNITED STATES ATTORNEY William G. Pharo Assistant U.S. Attorney William G. Pharo Attorney for Defendant
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Frederick W. Newall, Esq.
For Defendant:
William G. Pharo
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: April 29, 2011
B. Date Complaint Was Served on U.S. Attorney's Office: May 18, 2011.
C. Date Answer and Administrative Record Were Filed: July 15, 2011.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: To the best of his knowledge, the record is complete. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief.
Defendant states: The Administrative Record appears to be complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties state that there is no additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties state that to the best of their knowledge, this case raises no unusual claims or defenses.
7. OTHER MATTERS
None.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: October 20, 2011.
B. Defendant's Response Brief Due: November 21, 2011.
C. Plaintiff's Reply Brief (If Any) Due: December 5, 2011.
9. STATEMENTS REGARDING ORAL ARGUMENT
Plaintiff's Statement: Plaintiff does NOT request oral argument.
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. (XX) 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.
WHILE THE JOINT CASE MANAGEMENT PLAN WAS DUE ON AUGUST 4, 2011, IT WAS JUST DISCOVERED ON SEPTEMBER 16, 2011 THAT IT WAS NOT FILED. OPENING BRIEFS ARE DUE AS FOLLOWS: ADAMSON V. ASTRUE, CASE NO. 11-cv-1267-JLK DUE OCT 4, 2011, AND OPENING BRIEF IN LOVATO V. ASTRUE, CASE NO. 11-cv-0354 DUE OCT6, 2011. SUCH THAT THE OCT 20, 2011, OPENING BRIEF IS REASONABLY THE EARLIEST TIME FOR FILING IT. FURTHER, DEFENDANT'S COUNSEL INDICATED THAT HIS NOVEMBER BRIEFING SCHEDULE WILL PROBABLY REQUIRE A CONTINUANCE.
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 W. Newall, Esq.
730 N. Weber, #101
Attorney for Plaintiff
JOHN F. WALSH
UNITED STATES ATTORNEY
William G. Pharo
Assistant U.S. Attorney
William G. Pharo
Attorney for Defendant