Opinion
Civil Action No. 11-cv-01247-AP
08-10-2011
BRIAN J. SEDLAK, Plaintiff, v. MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
For Plaintiff : Ruth K. Irvin, #10326 Irvin & Irvin For Defendant : John F. Walsh United States Attorney William G. Pharo Assistant U.S. Attorney Debra J. Meachum Special Assistant U.S. Attorney Office of General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Ruth K. Irvin, #10326 Irvin & Irvin
For Defendant:
John F. Walsh
United States Attorney
William G. Pharo
Assistant U.S. Attorney
Debra J. Meachum
Special Assistant U.S. Attorney
Office of General Counsel
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 USC 405(g).
3. DATES OF FILING OF RELEVANT PLEADINGS
A. Date Complaint Was Filed: 05/11/11
B. Date Complaint Was Served on U.S. Attorney's Office: 05/19/11.
C. Date Answer and Administrative Record Were Filed: 07/18/11.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: Although Plaintiff's counsel will thoroughly review the Record, the accuracy and completeness of the Administrative Record cannot be ascertained until Plaintiff's opening brief is drafted.
Defendant states: To the best of his knowledge, the Record is complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states: None anticipated.
Defendant states: None anticipated.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
Plaintiff states: This case involves no unusual claims.
Defendant states: This case does not involve unusual claims or defenses.
7. OTHER MATTERS
Plaintiff states: To the best of her knowledge, no matters other than those already addressed exist.
Defendant states: To the best of his knowledge, there are no other matters.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: 09/16/11
B. Defendant's Response Brief Due: 10/17/11
C. Plaintiff's Reply Brief (if any) Due: 10/31/11
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Oral Argument is requested if only to clarify any outstanding issues, and at the Court's request.
B. Defendant's Statement: Oral Argument is not requested.
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.LCivR 7.1 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:
+------------------------------------------------------------+ ¦ ¦JOHN F. WALSH ¦ ¦ ¦ ¦ ¦ ¦UNITED STATES ATTORNEY ¦ ¦ ¦ ¦ ¦ ¦WILLIAM G. PHARO ¦ ¦ ¦ ¦ ¦ ¦Assistant U.S. Attorney ¦ ¦ ¦ ¦ ¦Ruth K. Irvin ¦United States Attorney's Office¦ ¦ ¦ ¦ ¦Ruth K. Irvin, #10326 ¦Debra J. Meachum ¦ ¦ ¦ ¦ ¦Irvin & Irvin ¦Debra J. Meachum ¦ ¦ ¦ ¦ ¦1443 Spruce Street ¦Special Assistant U.S. Attorney¦ ¦ ¦ ¦ ¦Boulder, CO 80302 ¦Office of General Counsel ¦ ¦ ¦ ¦ ¦303-543-0337 ¦Social Security Administration ¦ ¦ ¦ ¦ ¦Fax: 303-543-0389 ¦1001 Seventeenth Street ¦ ¦ ¦ ¦ ¦E-Mail: rkirvin@irvinlaw.net¦Denver, CO 80202 ¦ ¦ ¦ ¦ ¦ ¦Telephone: (303) 844-1570 ¦ ¦ ¦ ¦ ¦ ¦Fax:(303)844-0770 ¦ ¦ ¦ ¦ ¦ ¦debra.meachum@ssa.gov ¦ ¦ ¦ ¦ ¦ ¦Attorneys for Defendant ¦ +------------------------------------------------------------+