Opinion
Civil Action No. 1:12-cv-2306-AP
11-08-2012
JACKIE PONIKVAR, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Joseph A. Whitcomb, Esq. Rocky Mountain Disability Law Group For Defendant: JOHN F. WALSH United States Attorney District of Colorado J. BENEDICT GARCIA Assistant United States Attorney DAVID BLOWER 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:
Joseph A. Whitcomb, Esq.
Rocky Mountain Disability Law Group
For Defendant:
JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCIA
Assistant United States Attorney
DAVID BLOWER
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: August 29, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: August 30, 2012
C. Date Answer and Administrative Record Were Filed: October 29, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties, to the best of their knowledge, state that the administrative record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe this case raises unusual claims or defenses.
7. OTHER MATTERS
There are no other matters anticipated.
8. BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A. Plaintiff's Opening Brief Due: December 31, 2012
B. Defendant's Response Brief Due: January 30, 2013
C. Plaintiff's Reply Brief (If Any) Due: February 14, 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
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: ____________
Joseph A. Whitcomb, Esq.
Rocky Mountain Disability Law Group
____________
JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCIA
Assistant United States Attorney
By: ____________
DAVID BLOWER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration