Opinion
Civil Action, File Number 12-cv-02170-AP
11-09-2012
ROY MARSHALL NICHOLS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant
For Plaintiff : Jenna L. Mazzucca, Esq. Jenna L. Mazzucca, Esq., PC For Defendant: JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney's Office District of Colorado THAYNE WARNER Special Assistant United States Attorney Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL: For Plaintiff:
Jenna L. Mazzucca, Esq.
Jenna L. Mazzucca, Esq., PC
For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney's Office
District of Colorado
THAYNE WARNER
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 42 U.S.C. 405(g). 3. DATES OF FILINGS OF RELEVANT PLEADINGS:
A. Complaint Filed: August 16, 2012
B. Complaint Served: August 24, 2012
C. Answer and Administrative Record Filed: October 22, 2012 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD: Plaintiff states that the record lacks copies of overpayment checks allegedly sent to Plaintiff and that the record lacks copies of endorsed overpayment checks allegedly sent to Plaintiff. Defendant states that the relevant checks were from a period prior to 1998, and the Treasury Department does not have those checks due to the excessive age of the payments (AR at 14). 5. STATEMENT REGARDING ADDITIONAL EVIDENCE:
The parties have no additional evidence to submit. 6. STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS OR DEFENSES:
None. 7. OTHER MATTERS:
None. 8. BRIEFING SCHEDULE:
A. Plaintiff's Opening Brief: December 15, 2012
B. Response Brief: January 14, 2013
C. Reply Brief: January 29, 2013
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 JURISDICTION BY MAGISTRATE JUDGE:
A. (X) 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. AMENDMENTS TO THE 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.
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: ____________
Jenna L. Mazzucca, Esq.
Attorney for Plaintiff
____________
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
By: ____________
M. Thayne Warner
Special Assistant United States Attorney
Attorneys for Defendant