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Romero v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Jul 30, 2012
Civil Action No. 12-cv-01173-AP (D. Colo. Jul. 30, 2012)

Opinion

Civil Action No. 12-cv-01173-AP

07-30-2012

ELIZABETH L. ROMERO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.

For Plaintiff : Alan M. Agee Attorney for Plaintiff For Defendant: JOHN F. WALSH United States Attorney WILLIAM G. PHARO United States Attorney's Office District of Colorado Stephanie Lynn F. Kiley Special Assistant United States Attorney Social Security Administration


JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1. APPEARANCES OF COUNSEL AND PRO SE PARTIES

For Plaintiff:

Alan M. Agee

Attorney for Plaintiff

For Defendant:

JOHN F. WALSH

United States Attorney

WILLIAM G. PHARO

United States Attorney's Office

District of Colorado

Stephanie Lynn F. Kiley

Special Assistant United States Attorney

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: May 7, 2012 B. Date Complaint Was Served on U.S. Attorney's Office: May 11, 2012 C. Date Answer and Administrative Record Were Filed: July 10, 2012

4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD

Counsel for Plaintiff has submitted documents to Counsel for Defendant asserting that documents were filed with the Appeals Counsel and the record is not complete. Counsel for Defendant forwarded these documents to her client, but has not received a response regarding whether the agency will issue a supplemental transcript.

5. STATEMENT REGARDING ADDITIONAL EVIDENCE

In the event the agency does not issue a supplemental transcript, counsel for Plaintiff anticipates either filing a motion to supplement the record or attaching the additional evidence to her opening brief. Counsel for Defendant states that the certified administrative record (and any supplemental certified administrative records) that have been or will be filed with this Court constitute the evidence upon which the findings and decision complained of are based.

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

A. Plaintiffs Opening Brief Due: September 10, 2012 B. Defendant's Response Brief Due: October 10, 2012 C. Plaintiffs Reply Brief (If Any) Due: October 25, 2012

9. STATEMENTS REGARDING ORAL ARGUMENT

A. Plaintiffs Statement:

Plaintiff requests 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:

_________

Alan Agee

Attorney for Plaintiff

JOHN F. WALSH

United States Attorney

WILLIAM G. PHARO

United States Attorney's Office

District of Colorado

By: _________________

Stephanie Lynn F. Kiley

Special Assistant United States Attorney

Attorneys for Defendant.


Summaries of

Romero v. Astrue

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO
Jul 30, 2012
Civil Action No. 12-cv-01173-AP (D. Colo. Jul. 30, 2012)
Case details for

Romero v. Astrue

Case Details

Full title:ELIZABETH L. ROMERO, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Date published: Jul 30, 2012

Citations

Civil Action No. 12-cv-01173-AP (D. Colo. Jul. 30, 2012)