Opinion
Civil Action No.: 11-cv-01228-AP
08-10-2011
SCOTT NOGUCHI, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff: ANN J. ATKINSON Attorney at Law For Defendant: JOHN F. WALSH United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division Assistant United States Attorney WILLIAM G. PHARO Assistant United States Attorney ALEXESS D. REA Special Assistant United States Attorney Social Security Administration Office of the General Counsel
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES:
For Plaintiff:
ANN J. ATKINSON
Attorney at Law
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Deputy Chief, Civil Division
Assistant United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
ALEXESS D. REA
Special Assistant United States Attorney
Social Security Administration
Office of the General Counsel
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: May 6, 2011
B. Date Complaint was served on U.S. Attorney's office: May 16, 2011.
C. Date Answer and Administrative Record were filed: July 8, 2011.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD:
The Administrative Record appears to be complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES.
There are no unusual claims or defenses in this case.
7. OTHER MATTERS
There are no other matters to bring to the Court's attention.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: August 29, 2011
B. Defendant's Response Brief Due: September 30, 2011
C. Plaintiff's Reply Brief (If Any) Due: October 14, 2011
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 by 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 ATTORNEY'S OF RECORD, AND ALL PRO SEPARTIES.
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.
APPROVED:
Ann J. Atkinson, Attorney at Law
BY THE COURT
John L. Kane
U.S. DISTRICT COURT JUDGE
UNITED STATES ATTORNEY
By: Alexess Rea, Esq.
Special Assistant U.S. Attorney