Opinion
Civil Action No. 12-cv-02567-AP
01-16-2013
DAVID PERITO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
For Plaintiff: Joseph A. Whitcomb Rocky Mountain Disability Law Group For Defendant: Daniel E. Burrows Special Assistant U.S. Attorney Social Security Administration
Joint Case Management Plan
1. APPEARANCES OF COUNSEL
For Plaintiff: Joseph A. Whitcomb
Rocky Mountain Disability Law Group
For Defendant: Daniel E. Burrows
Special Assistant U.S. Attorney
Social Security Administration
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This Court has jurisdiction based on Social Security Act §§ 205(g), 1631(c)(3), 42 U.S.C. §§ 405(g), 1383(c)(3) (2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: September 27, 2012 (initial complaint) October 31, 2012 (amended complaint)
B. Date Complaint Was Served on U.S. Attorney's Office: November 2, 2012
C. Date Answer and Administrative Record Were Filed: December 27, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe the administrative record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Neither party intends to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties do not believe this case raises any unusual claims or defenses.
7. OTHER MATTERS
This case is not on appeal from a decision issued on remand. The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: February 25, 2013
B. Defendant's Response Brief Due: March 27, 2013
C. Plaintiff's Reply Brief (If Any) Due: April 11, 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
The parties do not consent to the exercise of jurisdiction by a magistrate judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with D.C.COLO.LCivR 6.1(E) 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.
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: ______________________
JOSEPH A. WHITCOMB
Rocky Mountain Disability Law Group
Attorney for Plaintiff
(SIGNED PER TELEPHONIC
AUTHORIZATION)
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
______________________
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Attorneys for Defendant