Opinion
Civil Action No. 11-cv-01492-AP
08-17-2011
For Plaintiff : Chris R. Noel For Defendant : John F. Walsh United States Attorney Kevin T. Traskos Civil Chief Assistant United States Attorney District of Colorado William G. Pharo Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley 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 AND PRO SE PARTIES For Plaintiff:
Chris R. Noel For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Civil Chief
Assistant United States Attorney
District of Colorado
William G. Pharo
Assistant United States Attorney
District of Colorado
Stephanie Lynn F. Kiley
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 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 7, 20114. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
B. Date Complaint was served on U.S. Attorney's Office: June 10, 2011
C. Date Answer and Administrative Record were filed: August 9, 2011
Plaintiff states: the record cannot be vouched for until after Plaintiff's opening brief is finally drafted and filed.5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Defendant states: to the best of his knowledge, the administrative record is complete and accurate.
Plaintiff will move to supplement and/or correct the record if it is defective, missing evidence, or does not contain evidence that was submitted administratively but may have inadvertently been left out of the record.6. STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS OR DEFENSES
Defendant will consider and respond to any motion filed by Plaintiff as appropriate.
The parties, to the best of their knowledge, do not believe the cases raises unusual claims or defenses.7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court.8. BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule:
A. Plaintiff's opening brief due October 10, 20119. STATEMENTS REGARDING ORAL ARGUMENT
B. Defendant's response brief due November 9, 2011
C. Plaintiff's reply brief due November 24, 2011
A. Plaintiff does request oral argument if only to clarify the issues or at the behest of the court.10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
B. Defendant does not request oral argument.
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 DC. COLO.L.CivR. 7.1(C) BY SUBMITTING PRROF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON 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:
Chris R. Noel
JOHN F. WALSH
United States Attorney
KEVIN T. TRASKOS
Civil Chief
Assistant United States Attorney
District of Colorado
WILLIAM G. PHARO
Assistant United States Attorney
Stephanie Lynn F. Kiley
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration