Opinion
Civil Action No. 12-cv-00120-AP
06-12-2012
RICHARD M. VANWORMER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff: Charles E. Binder Law Offices of Binder and Binder, P.C. For Defendant: Alexess D. Rea Social Security Administration Office of General Counsel, Region VIII
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL
For Plaintiff:
Charles E. Binder
Law Offices of Binder and Binder, P.C.
For Defendant:
Alexess D. Rea
Social Security Administration
Office of General Counsel, Region VIII
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: January 18, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: March 22, 2012
C. Date Answer and Administrative Record Were Filed: May 21, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of his knowledge, Counsel for Plaintiff states that the record is complete and accurate. To the best of her knowledge, Counsel for Defendant states that the 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 her knowledge, this case does not involve 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: August 6, 2012
B. Defendant's Response Brief Due: September 5, 2012
C. Plaintiffs Reply Brief (If Any) Due: September 19, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiffs 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
The parties have 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:
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Charles E. Binder
Law Offices of Binder and Binder, P.C.
_____________
Alexess D. Rea
Social Security Administration
Office of General Counsel, Region VIII