Opinion
Civil Action No. 12-cv-2848-AP
01-16-2013
TERI MONTOYA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : William T. Dawson For Defendant : John F. Walsh United States Attorney J. Benedict Garcia Assistant U.S. Attorney Robert L. Van Saghi Special Assistant U.S. Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
William T. Dawson
For Defendant:
John F. Walsh
United States Attorney
J. Benedict Garcia
Assistant U.S. Attorney
Robert L. Van Saghi
Special Assistant U.S. 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: 10/26/2012
B. Date Complaint Was Served on U.S. Attorney's Office: 10/29/2012
C. Date Answer and Administrative Record Were Filed: 12/19/2012 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD Parties state: To the best of their knowledge, the record is complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Parties states: None anticipated.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
Parties states: No unusual claims or defenses.
7. OTHER MATTERS
Parties states: There are no other matters that need to be brought before the court's attention. This case is NOT on appeal from a decision issued on remand from this court.
8. PROPOSED BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: 02/17/2013
B. Defendant's Response Brief (If Any) Due: 03/19/2013
C. Plaintiff's Reply Brief (If Any) Due: 04/03/2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Oral argument is not requested.
B. Defendant's Statement: Oral argument is not requested.
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: ________
William T. Dawson
2546 15th St.
Denver, CO 80211
Telephone: (303) 455-0400
Williamtdawson@gmail.com
UNITED STATES ATTORNEY ________
Robert L. Van Saghi
Special Assistant U.S. Attorney
1001 17th St.
Denver, CO 80202
Telephone: (303) 844-1948
Robert.vansaghi@ssa.gov