Opinion
Civil Action No. 12-cv-01675-AP
10-25-2012
For Plaintiff : FREDERICK W. NEWALL, ESQ For Defendant: ALEXESS D. REA Special Assitant United States Attorney JOHN WALSH United States Attorney J. BENEDICT GARCIA Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
FREDERICK W. NEWALL, ESQ
For Defendant:
ALEXESS D. REA
Special Assitant United States Attorney
JOHN WALSH
United States Attorney
J. BENEDICT GARCIA
Assistant United States 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: June 27, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: August 10, 2012.
C. Date Answer and Administrative Record Were Filed: October 5, 2012.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, both parties state that the record is complete. However, the Defendant reserves the right to supplement the record if necessary at the time of the Opening Brief.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties state that there is no additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties state that this case raises no unusual claims or defenses.
7. OTHER MATTERS
None.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: December 4, 2012
B. Defendant's Response Brief Due: January 3, 2013
C. Plaintiff's Reply Brief (If Any) Due: January 16, 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 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. 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: _____________
Frederick W. Newall, Esq.
Attorney for Plaintiff JOHN WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCIA
Assistant United States Attorney
_____________
ALEXESS D. REA
Special Assistant United States Attorney
Attorney for Defendant(s)