Opinion
Civil Action No. 12-cv-01173-AP
07-30-2012
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.