Opinion
Civil Action No. 11-cv-02240-JLK
12-06-2011
DOLORES E. TAFOYA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Alan M. Agee For Defendant: John F. Walsh United States Attorney Kevin T. Traskos Deputy Civil Chief United States Attorney's Office District of Colorado William G. Pharo United States Attorney Office District of Colorado Michael Howard Special Assistant United States Attorney 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:
Alan M. Agee
For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney's Office
District of Colorado
William G. Pharo
United States Attorney Office
District of Colorado
Michael Howard
Special Assistant United States Attorney
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: August 25, 2011
B. Date Complaint Was Served on U.S. Attorney's Office: August 31, 2011
C. Date Answer and Administrative Record Were Filed: November 15, 2011
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff's counsel states that the administrative record may be missing records that have previously been submitted to the Appeals Council. Plaintiff intends to file a motion to supplement the record for any missing medical records. Otherwise the administrative record is complete.
Defendant's counsel states, to the best of his knowledge, that the administrative record is complete.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff's counsel states that the administrative record may be missing records that have previously been submitted to the Appeals Council. Plaintiff intends to file a motion to supplement the record for any missing medical records. Otherwise the administrative record is complete.
Defendant does not intend 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 unusual claims or defenses.
7. OTHER MATTERS
There are no other matters anticipated.
8. PROPOSED BRIEFING SCHEDULE
Parties agree to the following proposed briefing schedule:
A. Plaintiffs Opening Brief Due: January 17, 2012
B. Defendant's Response Brief Due: February 16, 2012
C. Plaintiffs Reply Brief (If Any) Due: March 2, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiffs 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
SENIOR U.S. DISTRICT JUDGE
APPROVED:
Alan M. Agee
Attorney for Plaintiff
JOHN F. WALSH
United States Attorney
KEVIN T. TRASKOS Civil Chief
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
Michael Howard
Special Assistant United States Attorney
David Blower
Special Assistant United States Attorney
Attorneys for Defendant.