Opinion
Civil Action No. 11-cv-02597-AP
01-03-2012
PEGGY SPENCE O/B/O DARROW A. HARTNESS, JR., DECEASED Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Virgina L. Card Smith Attorney for Plaintiff JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado M. Thayne Warner Special Assistant United States Attorney Attorneys for Defendant
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Virginia L. Card Smith
1763 Franklin Street
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
THAYNE WARNER
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: October 4, 2011
B. Date Complaint Was Served on U.S. Attorney's Office: October 13, 2011
C. Date Answer and Administrative Record Were Filed: December 12, 2011
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties, to the best of their knowledge, state that the administrative record is complete and accurate. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief.
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
Plaintiff is experiencing an unusually heavy workload, and therefore respectfully requests briefing to commence later than 40 days after the filing of this Joint Case Management Plan. Defendant does not object to Plaintiff's request. Thus, the requested briefing schedule is as follows:
A. Plaintiff's Opening Brief Due: February 22, 2012
B. Defendant's Response Brief Due: March 23, 2012
C. Plaintiff's Reply Brief (If Any) Due: April 7, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff requests 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:
Virgina L. Card Smith
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:_________________
M. Thayne Warner
Special Assistant United States Attorney
Attorneys for Defendant