Opinion
Civil Action No. 1:12-cv-00416-AP
05-09-2012
RANDALL THOMAS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff : Chris R. Noel 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:
Chris R. Noel
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: February 16, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: February 21, 2012
C. Date Answer and Administrative Record Were Filed: April 20, 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. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff will review the administrative record to insure it is complete and accurate. Plaintiff will seek to submit additional evidence as required after review of the record. Defendant does 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: June 19, 2012
B. Defendant's Response Brief Due: July 19, 2012
C. Plaintiffs Reply Brief (If Any) Due: August 3, 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
U.S. DISTRICT COURT JUDGE
APPROVED:
+-----------------------------------------------------------------------------+ ¦ ¦JOHN F. WALSH ¦ ¦/s/Chris R. Noel Chris¦ ¦ ¦R. Noel ¦United States Attorney ¦ ¦ ¦ ¦ ¦3000 Pearl Street, ¦WILLIAM G. PHARO ¦ ¦Suite 212 ¦ ¦ ¦ ¦Assistant United States Attorney United States ¦ ¦Boulder, CO 80301-2431¦Attorney's Office District of Colorado ¦ ¦ ¦William.Pharo@usdoj.gov By: /s/David Blower David ¦ ¦Telephone: (303) ¦Blower ¦ ¦449-6503 ¦ ¦ ¦ ¦Special Assistant United States Attorney 1001 ¦ ¦email: ¦Seventeenth Street Denver, Colorado 80202 Telephone: ¦ ¦chrisildar@comcast.net¦(303) 844-1571 ¦ ¦Attorney for Plaintiff¦ ¦ ¦ ¦david.blower@ssa.gov Attorneys for Defendant. ¦ +-----------------------------------------------------------------------------+