Opinion
Civil Action No. 12-cv-2761-AP
01-09-2013
GERALD L. ROMAN, Plaintiff, v. MICHAEL J. ASTRUE, Comm'r of Soc. Sec., Defendant.
Jay K. Barnes Attorney for Plaintiff JOHN F. WALSH United States Attorney J. BENEDICT GARCÌA Assistant United States Attorney United States Attorney's Office District of Colorado Jessica Milano Special Assistant U.S. Attorney Attorneys for Defendant
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL
For Plaintiff: Jay K. Barnes
Attorney for Plaintiff
Law Office of Jay Barnes
1079 E. Riverside Dr. Ste. 203
St. George, UT 84790
jay.barnes@jaybarneslaw.com
For Defendant: Jessica Milano
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
1001 17th Street
Denver, CO 80202
(303) 844-7136
(303) 844-0770 (fax)
jessica.milano@ssa.gov
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: October 17, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: October 23, 2012
C. Date Answer and Administrative Record Were Filed: December 20, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: Although Plaintiff's counsel will thoroughly review the Record, the adequacy and completeness of the Administrative Record cannot be ascertained until after the Plaintiff's final opening brief is drafted and filed.
Defendant states: Defendant, to the best of his knowledge, states that the administrative record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states: See paragraph 4 above.
Defendant states: Defendant does not intend to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
Plaintiff states: This case involves no unusual claims.
Defendant states: Defendant, to the best of his knowledge, states that this case does not raise any unusual claims or defenses.
7. OTHER MATTERS
Plaintiff states: The record appears to be complete, but a final position by Plaintiff cannot be determined until the final draft of his opening brief is filed.
Defendant states: Defendant has no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: February 15, 2013
B. Defendant's Reply Brief (If Any): March 17, 2013
C. Plaintiff's Reply Brief (If Any): March 31, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Oral Argument is not requested.
B. Defendant's Statement: Oral Argument is not requested.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
A. (X) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge.
B. () All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
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. 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: _____________
Jay K. Barnes
Attorney for Plaintiff JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÌA
Assistant United States Attorney
United States Attorney's Office
District of Colorado
_____________
Jessica Milano
Special Assistant U.S. Attorney
Attorneys for Defendant