Opinion
Civil Action No. 11-CV-02946-JLK
03-01-2012
THOMAS W. PRESTON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Frederick W. Newall Attorney for Plaintiff For Defendant : John F. Walsh United States Attorney Kevin T. Traskos Deputy Civil Chief United States Attorney's Office District of Colorado William G. Pharo United States Attorney's Office District of Colorado Michael Howard 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:
Frederick W. Newall
Attorney for Plaintiff
For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney's Office
District of Colorado
Michael Howard
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: November 11, 20114. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
B. Date Complaint was served on U.S. Attorney's Office: November 30, 2011
C. Date Answer and Administrative Record were filed: January 26, 2012
The parties, to the best of their knowledge, state that the administrative record is complete and accurate. Notwithstanding, the parties would reserve objections regarding the adequacy of the record for the parties' respective briefs on the merits of the case.5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not intend to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe the case 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: March 26, 20129. STATEMENTS REGARDING ORAL ARGUMENT
B. Defendant's response brief due: April 25,2012
C. Plaintiff's reply brief (if any) due: May 10, 2012
The parties do not request oral argument.10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
The parties consent 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.L.CivR. 7.1(C) BY SUBMITTING PROOF 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:
__________________
Frederick W. Newall
Attorney for Plaintiff
John F.Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney's Office
District of Colorado
_________________
Michael S. Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
Attorneys for Defendant