Opinion
Civil Action No. 1:11-cv-02654-AP
01-24-2012
SETH M. WESHNAK, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
Attorney for Plaintiff JAMES F. WALSH United States Attorney KEVIN TRASKOS Assistant United States Attorney District of Colorado WILLIAM G. PHARO Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley Assistant Regional Counsel Denver, Colorado 80202
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Amy Jane Simons, #24080
Englewood, Colorado 80112
For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Chief, Civil Division
Assistant United States Attorney
District of Colorado
WILLIAM G. PHARO
Assistant United States Attorney District of Colorado
Stephanie Lynn F. Kiley
Special Assistant United States Attorn
Denver, Colorado 80202
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 12, 2011
B. Date Complaint Was Served on U.S. Attorneys Office: November 2, 2011
C. Date Answer and Administrative Record Were Filed: January 3, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Counsel for Plaintiff states: To the best of her knowledge, the record is complete and accurate.
Counsel for Defendant states: To the best of her knowledge, 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 her 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, which has been adjusted past the standard 40 days, due to Plaintiff counsel's deposition schedule in February 2012:
A. Plaintiffs Opening Brief Due: March 12, 2012
B. Defendant's Response Brief Due: April 11, 2012
C. Plaintiff's Reply Brief (If Any) Due: April 26, 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
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:
_________________
Amy Jane Simons, #24080
Englewood, Colorado 80112
Attorney for Plaintiff
JAMES F. WALSH
United States Attorney
KEVIN TRASKOS
Assistant United States Attorney District of Colorado
WILLIAM G. PHARO
Assistant United States Attorney District of Colorado
_________________
Stephanie Lynn F. Kiley
Assistant Regional Counsel
Denver, Colorado 80202
Attorneys for Defendant.