Opinion
Civil Action No. 1:12-cv-01656-AP
09-20-2012
RELLA M. MEDINA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Rick P. Sauer Attorney for Plaintiff Canon City, Colorado 81212 For Defendant : John F. Walsh United States Attorney J. Benedict García Assistant United States Attorney United States Attorney's Office District of Colorado Michael Howard Special Assistant United States Attorney Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Rick P. Sauer
Attorney for Plaintiff
Canon City, Colorado 81212
For Defendant:
John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Michael Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
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: June 25, 2012
B. Date Complaint was served on U.S. Attorney's Office: July 2, 2012
C. Date Answer and Administrative Record were filed: August 30, 2012 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties, to the best of their knowledge, state that the administrative record is complete and accurate. Notwithstanding, the parties would reserve objections regarding the adequacy of the record for the parties' respective briefs on the merits of the case. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do 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
The parties respectfully request the following briefing schedule:
A. Plaintiff's opening brief due: October 29, 2012
B. Defendant's response brief due: November 28, 2012
C. Plaintiff's reply brief (if any) due: December 13, 2012 9. STATEMENTS REGARDING ORAL ARGUMENT
Neither party requests oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
All parties consent 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.L.CivR. 7.1(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON 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:
____________
Rick P. Sauer
Attorney for Plaintiff
Canon City, Colorado 81212
John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney's Office
District of Colorado
____________
Michael S. Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on September 19, 2012, I electronically filed the foregoing "Joint Case Management Plan for Social Security Cases" with the with the Clerk of Court using the CM/ECMF system which will send notification of such filing to the following e-mail address(es):
sauer.rick@gmail.com
usa-co-civil_ecf@usdoj.gov
Michael S. Howard
Office of the General Counsel
Social Security Administration