Opinion
Civil Action No. 12-cv-01950-AP
10-19-2012
DARLEEN S. SCHMIDT, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : TERESA H. ABBOTT Law Office of Teresa Abbott, P.C. For Defendant : JOHN F. WALSH United States Attorney KEVIN TRASKOS Civil Chief, U.S. Attorney's Office District of Colorado J. BENEDICT GARCIA Assistant U.S. Attorney ALEXESS D. REA Special Assistant U.S. Attorney Assistant Regional Counsel Office of the General Counsel, SSA
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL
For Plaintiff:
TERESA H. ABBOTT
Law Office of Teresa Abbott, P.C.
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Civil Chief, U.S. Attorney's Office
District of Colorado
J. BENEDICT GARCIA
Assistant U.S. Attorney
ALEXESS D. REA
Special Assistant U.S. Attorney
Assistant Regional Counsel
Office of the General Counsel, SSA
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: 07/26/2012 B. Date Complaint Was Served on U.S. Attorney's Office: 08/14/2012 C. Date Answer and Administrative Record Were Filed: 10/05/2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: That the Administrative Record appears to be complete and accurate. Defendant states: That the Administrative Record appears to be complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states: None anticipated. Defendant states: None anticipated.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
There are no unusual claims or defenses in this case.
7. OTHER MATTERS
There are no other matters.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: 12/04/2012 B. Defendant's Response Brief Due: 01/04/2013 C. Plaintiffs Reply Brief (If Any) Due: 01/18/2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff does not request oral argument. B. Defendant's Statement: Defendant does not request oral argument
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
A. () All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. B. (X) 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.L.Civ.R. 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:
For Plaintiff:
______________________
TERESA H. ABBOTT
Law Office of Teresa Abbott, P.C.
Attorney for Plaintiff
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Civil Chief, U.S. Attorney's
Office
District of Colorado
J. BENEDICT GARCIA
Assistant U.S. Attorney
______________________
ALEXESS D. REA
Special Assistant U.S. Attorney
Assistant Regional Counsel
Office of the General Counsel,
SSA
Attorneys for Defendant