Opinion
Civil Action No. 12-cv-02862-AP
02-19-2013
SEAN MELODY, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security Defendant.
John F. Walsh United States Attorney J.B. García Assistant United States Attorney District of Colorado For Plaintiff : Joseph A. Whitcomb Rocky Mountain Disability Law Group For Defendant : Michael Sinclair Howard Social Security Administration-Denver Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES John F. Walsh
United States Attorney
J.B. García
Assistant United States Attorney
District of Colorado
For Plaintiff:
Joseph A. Whitcomb
Rocky Mountain Disability Law Group
For Defendant:
Michael Sinclair Howard
Social Security Administration-Denver
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: October 31, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: December 3, 2012
C. Date Answer and Administrative Record Were Filed: January 30, 2013
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.
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, to the best of their knowledge, do not believe the cases 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 request the following briefing schedule, which is outside of the standard time frame, due to Defendant's case load:
A. Plaintiff's Opening Brief Due: April 12, 2013
B. Defendant's Response Brief Due: May 12, 2013
C. Plaintiff's Reply Brief (If Any) Due: May 27, 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. (×) 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.
BY THE COURT:
John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED: ________________________
By: Joseph A. Whitcomb
Rocky Mountain Disability Law Group
1391 Speer Blvd., Suite 705
Denver, CO 80204
303-534-1954
joe@RMDLG.com
UNITED STATES ATTORNEY ________________________
By: Michael Sinclair Howard
Social Security Administration-Denver
1001 17th Street, 6th Floor
Denver, CO 80202
303-844-7192
michael.howard@ssa.gov