Opinion
Civil Action No. 10-cv-02824-AP
09-28-2011
FRANK MOSES, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : K. Machelle Gielarowski, #23195 JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado NADIA N. SULLIVAN Special Assistant U. S. Attorney Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
K. Machelle Gielarowski, #23195
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
NADIA N. SULLIVAN
Special Assistant U. S. 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: November 19, 2010.
B. Date Complaint Was Served on U.S. Attorney's Office: July 21, 2011.
C. Date Answer and Administrative Record Were Filed: September 19, 2011.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: To the best of his knowledge, the record is complete.
Defendant states: To the best of his knowledge, the record is complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states: None anticipated.
Defendant states: None anticipated.
6. STATEMENT REGARDING UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe this case raises unusual claims or defenses.
7. OTHER MATTERS
None.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: November 21, 2011.
B. Defendant's Response Brief Due: December 21, 2011.
C. Plaintiff's Reply Brief (If Any) Due: January 12, 2012.
Plaintiff requests additional time to file a Reply Brief (if any) because Plaintiff's counsel will be out of the office from approximately December 18, 2011 through January 2, 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
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:
K. Machelle Gielarowski, #23195
712 N. Tejon St., Ste. 1
Colorado Springs, CO 80903
719-264-0729
719-328-1382
Giellaw@comcast.net
Attorney for Plaintiff.
DAVID F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
william.pharo@usdoj.gov
NADIA N. SULLIVAN
Special Assistant U. S. Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: (303) 844-1949
Nadia.sullivan@ssa.gov
Attorneys for Defendant.