Opinion
Civil Action No. 12-cv-01741-AP
10-02-2012
DANIEL A. SANCHEZ, III, and VIVIAN ROBLES, Plaintiffs, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Miguel R. Velasco 4800 Wadsworth Blvd., Ste. 218 For Defendant : Meghan Frei Berglind Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration
DEFENDANT'S CASE MANAGEMENT PLAN
Below-signed counsel for the Defendant Commissioner of Social Security has attempted to confer via email and telephone with counsel for Plaintiff regarding a joint case management plan. As of the time of this filing, counsel has been unable to reach Plaintiff's counsel. Accordingly, the document that follows is Defendant's Proposed Case Management Plan.
1. APPEARANCES OF COUNSEL
For Plaintiff:
Miguel R. Velasco
4800 Wadsworth Blvd., Ste. 218
For Defendant:
Meghan Frei Berglind
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This Court has jurisdiction based on Social Security Act § 205(g), 42 U.S.C. § 405(g)(2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: July 5, 2012
B. Date Complaint Was Served on the U.S. Attorney's Office: July 12, 2012
C. Date Answer Was Filed: September 10, 2012
D. Date Administrative Record Was Filed: September 13, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of his knowledge, Defendant believes the administrative record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Defendant does not intend to submit additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
Defendant does not believe this case raises any unusual claims or defenses.
7. OTHER MATTERS
This case is not an appeal from a decision issued on remand. Defendant has no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: November 5, 2012
B. Defendant's Response Brief Due: December 5, 2012
C. Plaintiff's Reply Brief (If Any) Due: December 20, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement:
B. Defendant's Statement: Defendant does not request oral argument.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Defendant does not consent to the exercise of jurisdiction by a magistrate judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with D.C.COLO.LCivR 6.1(E) 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 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:
The court notes that counsel for
plaintiffs failed to participate in the
preparation of this plan. His signature
indicating approval of the plan on behalf
of plaintiffs, therefore, is not attached.
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
____________
MEGHAN FREI BERGLIND
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
Attorneys for Defendant