Opinion
Civil Action No. 1:12-cv-00789-AP
09-24-2012
VICTORIA H. STANSBURY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
David F. Chermol, Esq. Chermol & Fishman, LLC Jessica Milano Special Assistant United States Attorney Assistant Regional Counsel Office of the General Counsel Social Security Administration Jessica Milano for David F. Chermol, Esq. Chermol & Fishman, LLC Attorney for Plaintiff JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado Jessica Milano Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
David F. Chermol, Esq.
Chermol & Fishman, LLC
For Defendant:
Jessica Milano
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This is an appeal of a Social Security benefits application. The Court has jurisdiction pursuant to 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: March 28, 2012
B. Date Complaint was Served on U.S. Attorney's Office: July 6, 2012
C. Date Answer and Administrative Record Were Filed: September 4, 2012
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.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Neither party intends to submit 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 any unusual claims or defenses.
7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
Counsel for both parties conferred and agreed upon the following proposed briefing schedule:
A. Plaintiff's Opening Brief: November 5, 2012
B. Response Brief due: December 5, 2012
C. Reply Brief due: December 20, 2012
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.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:
Jessica Milano for
David F. Chermol, Esq.
Chermol & Fishman, LLC
Attorney for Plaintiff
(SIGNED PER ELECTRONIC AUTHORIZATION)
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Jessica Milano
Special Assistant United States Attorney
CERTIFICATE OF SERVICE
I hereby certify that on September 24, 2012, I electronically filed the foregoing "Joint Case Management Plan for Social Security Cases" with the with the Clerk of Court using the CM/ECMF system which will send notification of such filing to the following e-mail address(es):
dave@ssihelp.us (David F. Chermol, Esq., counsel for Plaintiff)
nate@ssihelp.us
william.pharo@usdoj.gov
USACO.ECFCivil@usdoj.gov
jessica.milano@ssa.gov
Jessica Milano
Office of the General Counsel
Social Security Administration