Opinion
Civil Action No. 12-cv-2823-AP
01-17-2013
Martin Mendez, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security Defendant.
For Plaintiff : Joseph A. Whitcomb, Esq. Rocky Mountain Disability Law Group For Defendant : Alexess D. Rea Social Security Administration-Denver Office of General Counsel ATTORNEY TO BE NOTICED
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Joseph A. Whitcomb, Esq.
Rocky Mountain Disability Law Group
For Defendant:
Alexess D. Rea
Social Security Administration-Denver
Office of General Counsel
ATTORNEY TO BE NOTICED
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: 10/24/12
B. Date Complaint Was Served on U.S. Attorney's Office: 10/29/12
C. Date Answer and Administrative Record Were Filed: 12/27/12
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 do not anticipate submitting additional evidence.
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
A. Plaintiff's Opening Brief Due: 2/26/13
B. Defendant's Reply Brief (If Any) Due: 3/28/13
C. Plaintiff's Reply Brief (If Any) Due: 4/12/13
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.
BY THE COURT:
John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED: ______________________
Rocky Mountain Disability Law Group
1391 Speer Blvd., Suite 705
Denver, CO 80204
303-534-1954
303-534-1949 (facsimile)
joe@RMDLG.com
Attorneys for Plaintiff
John F. Walsh
United States Attorney
By: _________________
Special Assistant U.S. Attorney
1001 17th Street Denver, CO 80202
303-844-1571
303-844-0770 (facsimile)
David.blower@ssa.gov
Attorneys for Defendant