Opinion
Civil Action No. 11-cv-03101-AP
03-20-2012
REBECCA MIRANDA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
GAIL C. HARRISS JOHN F. WALSH United States Attorney District of Colorado KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office WILLIAM G. PHARO 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:
GAIL C. HARRISS
JOHN F. WALSH
United States Attorney
District of Colorado
KEVIN TRASKOS
Deputy Chief, Civil Division
United States Attorney's Office
WILLIAM G. PHARO
Assistant United States Attorney
ALEXESS D. REA
Special Assistant United States Attorney
For Defendant:
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 28, 2011
B. Date Complaint Was Served on U.S. Attorney's Office: December 5, 2011
C. Date Answer and Administrative Record Were Filed: February 6, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff contends that the Administrative Record is incomplete. Missing from the Administrative Record is Plaintiff's counsel's letter to the Appeals Council dated November 16, 2011, the attached response dated October 3, 2011, from claimant's treating physician, as well as the Appeals Council letter dated February 6, 2012 denying counsel's request. Defendant contends that these documents should not be part of the certified administrative record because they were not part of the evidence the agency considered in reaching its decision. The Administrative Record otherwise appears to be complete and accurate as to the evidence considered by the agency in reaching its final decision; however, the parties will fully ascertain the completeness of the record upon the drafting and completion of their respective briefs.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
As discussed in ¶ 4, Plaintiff wishes to submit new evidence for the Court's consideration.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties do not foresee offering any unusual claims or defenses in this case.
7. OTHER MATTERS
The parties are not aware of any other matters at this time.
8. BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A. Plaintiff's Opening Brief Due: April 9, 2012
B. Defendant's Response Brief Due: May 9, 2012
C. Plaintiffs Reply Brief (If Any) Due: May 24, 2012
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
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. 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.
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:
For Plaintiff:
____________
GAIL C. HARRISS
Attorney for Plaintiff
For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
KEVIN TRASKOS
Deputy Chief, Civil Division
United States Attorney's Office
WILLIAM G. PHARO
Assistant United States Attorney
____________
ALEXESS D. REA
Special Assistant United States Attorney
Attorneys for Defendant