Opinion
Civil Action No. 11-cv-02303-AP
12-28-2011
ANITRA H. MONTANO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : MICHAEL W. SECKAR 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
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
MICHAEL W. SECKAR
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
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: September 1, 2011
B. Date Complaint Was Served on U.S. Attorney's Office: October 7, 2011
C. Date Answer and Administrative Record Were Filed: December 5, 2011
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The Administrative Record appears to be 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 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: February 6, 2012
B. Defendant's Response Brief Due: March 7, 2012
C. Plaintiffs Reply Brief (If Any) Due: March 22, 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. (X) 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:
_____________________
MICHAEL W. SECKAR
402 W. 12th
Pueblo, CO 81003
Telephone: (719)543-8636
Facsimile: (719)543-8403
seckarlaw@mindspring.com
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
1001 17th Street
Denver, CO 80202
Telephone: (303) 844-7101
Facsimile: (303) 454-0770
alexess.rea@ssa.gov
Attorneys for Defendant