Opinion
Civil Action No. 11-cv-03318-AP
04-24-2012
ANGELINE L. MOORE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff :5 Kenneth J. Shakeshaft Attorney for Plaintiff For Defendant : John F. Walsh United States Attorney Kevin T. Traskos Deputy Civil Chief United States Attorney's Office District of Colorado William G. Pharo United States Attorney's Office District of Colorado Michael Howard Special Assistant United States Attorney Office of the General Counsel Social Security Administration APPROVED: Kenneth J. Shakeshaft Attorney for Plaintiff (per electronic authorization) John F. Walsh United States Attorney Kevin T. Traskos Deputy Civil Chief United States Attorney's Office District of Colorado William G. Pharo United States Attorney's Office District of Colorado Michael S. Howard Special Assistant United States Attorney Office of the General Counsel Social Security Administration Attorneys for Defendant
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:5
Kenneth J. Shakeshaft
Attorney for Plaintiff
For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney's Office
District of Colorado
Michael Howard
Special Assistant United States Attorney
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: December 19, 2011
B. Date Complaint was served on U.S. Attorney's Office: January 6, 2012
C. Date Answer and Administrative Record were filed: April 4, 20121
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. Notwithstanding, the parties would reserve objections regarding the adequacy of the record for the parties' respective briefs on the merits of the case.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not intend 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 case 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 respectfully request the following briefing schedule:
1 Defendant had requested an extension of time to file the answer, due to a delay in the preparation of the transcript of record.
A. Plaintiff's opening brief due: June 3, 2012
B. Defendant's response brief due: July 3, 2012
C. Plaintiff's reply brief (if any) due: July 18, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
The parties do not request oral argument.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
The parties consent 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 DC. COLO.L.CivR. 7.1(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON 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:
Kenneth J. Shakeshaft
Attorney for Plaintiff
(per electronic authorization)
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney's Office
District of Colorado
______________________
Michael S. Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
Attorneys for Defendant