Opinion
Civil Action No. 1:12-cv-00492-AP
09-24-2012
LOU ANN THOMPSON, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Kathleen W. Robinson, Esq. For Defendant : Jessica Milano Special Assistant United States Attorney Assistant Regional Counsel 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:
Kathleen W. Robinson, Esq.
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: February 27, 2012
B. Date Complaint was Served on U.S. Attorney's Office: April 2, 2012
C. Date Answer and Administrative Record Were Filed: May 30, 2012
The parties recognize that this JCMP is not filed in a timely manner and apologize to the Court for the inconvenience. Both parties inadvertently overlooked the JCMP filing deadline due to calendaring errors. If the Court requires a separate filing, such as a motion for leave to file a JCMP out of time, the parties will jointly prepare and submit such separate filing.
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: October 31, 2012
B. Response Brief due: November 30, 2012
C. Reply Brief due: December 17, 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:
____________
Kathleen W. Robinson, Esq.
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
Attorneys for Defendant
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):
raalaw1021@qwestoffice.net (Kathleen W. Robinson, Esq., counsel for Plaintiff)
william.pharo@usdoj.gov
USACO.ECFCivil@usdoj.gov
jessica.milano@ssa.gov
____________
Office of the General Counsel
Social Security Administration