Opinion
Civil Action No. 12-cv-01137-AP
08-01-2012
GARY SOZA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Gail C. Harriss GAIL C. HARRIS, LLC For Defendant: JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado DAVID BLOWER Special Assistant United States Attorney Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Gail C. Harriss
GAIL C. HARRIS, LLC
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
DAVID BLOWER
Special Assistant United States Attorney
Office of the 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 U.S.C. § 405(g).
3. DATES OF FILING OF RELEVANT PLEADINGS
A. Date Complaint Was Filed: May 1, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: May 14, 2012
C. Date Answer and Administrative Record Were Filed: July 12, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Defendant, to the best of his knowledge, states that the administrative record is complete and accurate. Plaintiff asserts that the Administrative Record is missing counsel's letter to the Administrative Law Judge dated September 23, 2008, amending the onset of disability and requesting an on the record favorable decision.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not anticipate submitting additional evidence.
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
Counsel for both parties agree to the following proposed briefing schedule:
A. Plaintiffs Opening Brief Due: September 14, 2012
B. Defendant's Response Brief Due: October 15, 2012
C. Plaintiffs Reply Brief (If Any) Due: October 30, 2012
Plaintiff's counsel has four social security hearings scheduled in Grand Junction, a four-hour drive from her office in Durango, on September 10, 2012. Accordingly, the due date of Plaintiff's brief is set for September 14, rather than September 10, which would be 40 days after the date this Joint Case Management Plan is due.
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
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:
GAIL C. HARRIS, LLC
450 S. Camino del Rio, Suite 201
Durango, CO 81301
Attorney for Plaintiff
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
By: ____________
David Blower
Special Assistant United States Attorney
Attorneys for Defendant.