Opinion
Civil Action No.: 12-cv-02578-AP
12-19-2012
JESSE JUNIOR SIRIO, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff: ANN J. ATKINSON Attorney at Law For Defendant: JOHN F. WALSH, United States Attorney District of Colorado J. BENEDICT GARCIA, Assistant United States Attorney United States Attorney's Office Jessica Milano, Special Assistant U.S. Attorney Social Security Administration Office of the General Counsel
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES:
For Plaintiff:
ANN J. ATKINSON
Attorney at Law
For Defendant:
JOHN F. WALSH,
United States Attorney
District of Colorado
J. BENEDICT GARCIA,
Assistant United States
Attorney
United States Attorney's Office
Jessica Milano,
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
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: September 28, 2012
B. Date Complaint was served on U.S. Attorney's office: October 1, 2012.
C. Date Answer and Administrative Record were filed: November 29, 2012.
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD:
The Administrative Record appears to be complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES.
There are no unusual claims or defenses in this case.
7. OTHER MATTERS (Must state whether the case is on appeal from a decision issued on remand from this Court and include the case number and district judge who entered the order for remand.)
There are no other matters to bring to the Court's attention.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: January 21, 2013
B. Defendant's Response Brief Due: February 21, 2013
C. Plaintiff's Reply Brief (If Any) Due: March 8, 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 by 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(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON THE MOVING ATTORNEY'S CLIENT, ALL ATTORNEY'S 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: _______________
Ann J. Atkinson, Attorney at Law
7960 South Ireland Way
Aurora, CO 80016-1904
Tele: 303-680-1881
Fax: 303-680-7891
atkinsonaj@aol.com
UNITED STATES ATTORNEY
_______________
By: Jessica Milano, Esq.
Special Assistant U.S. Attorney
1001 Seventeenth St.
Denver, CO 80202
Tele: 303-844-7136
jessica.milano@ssa.gov