Opinion
Civil Action No. 12-cv-02847-AP
01-17-2013
THUY NGUYEN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
For Plaintiff : Francis K. Culkin For Defendant: JOHN F. WALSH United States Attorney J.B. GARCÍA Assistant United States Attorney District of Colorado DANIEL E. BURROWS Special Assistant U.S. Attorney Social Security Administration, Region VIII Office of the General Counsel
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Francis K. Culkin For Defendant:
JOHN F. WALSH
United States Attorney
J.B. GARCÍA
Assistant United States Attorney
District of Colorado
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration, Region VIII
Office of the General Counsel
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 26th, 2012.
B. Date Complaint Was Served on U.S. Attorney's Office: October 31st, 2012.
C. Date Answer and Administrative Record Were Filed: December 28th, 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
The parties do not anticipate submitting additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
Counsel for Plaintiff states: To the best of his knowledge, this case does not involve unusual claims or defenses. Counsel for Defendant states: To the best of his knowledge, this case does not involve unusual claims or defenses.
7. OTHER MATTERS
There are no other matters anticipated.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: February 21st, 2013.
B. Defendant's Response Brief (If Any) Due: March 25th, 2013.
C. Plaintiff's Reply Brief (If Any) Due: April 9th, 2013.
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff requests oral argument because Plaintiff's counsel believes it will allow the representatives' of both parties to fully explore the legal and factual issues pending before this Court.
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. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
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. 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: ________________________
Francis K. Culkin, Esq.
3801 E. Florida Ave., Suite 400
Denver, Colorado 80210
Telephone: (303) 830-1110
Facsimile: (303) 863-9221
Email: fculkinesq@aol.com
Attorney for Plaintiff
UNITED STATES ATTORNEY
________________________
By: DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration, Region VIII
Office of the General Counsel
1001 17th Street
Denver, Colorado 80202
Telephone: (303) 844-7356
Email: daniel.burrows@ssa.gov
Attorney(s) for Defendant