Opinion
Civil Action No. 11-cv-001357-AP
08-10-2011
Carrie A. Whatley, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : James E. Freemyer For Defendant : John F. Walsh United States Attorney Kevin T. Traskos Civil Chief 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 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:
James E. Freemyer
For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Civil Chief
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 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: May 23, 2011
B. Date Complaint was served on U.S. Attorney's Office: May 26, 2011
C. Date Answer and Administrative Record were filed: July 25, 2011 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 CASES RAISES UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe the cases raises unusual claims or defenses. 7. OTHER MATTERS
The parties have no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule:
+----------------------------------------------------------+ ¦A.¦Plaintiff's opening brief due ¦September 16, 2011¦ +--+------------------------------------+------------------¦ ¦B.¦Defendant's response brief due ¦October 17, 2011 ¦ +--+------------------------------------+------------------¦ ¦C.¦Plaintiff's reply brief (if any) due¦November 1, 2011 ¦ +----------------------------------------------------------+ 9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff does not request oral argument.
B. 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 DC. COLO.L.CivR. 7.1(C) BY SUBMITTING PRROF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON 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:
James E. Freemyer
James E. Freemyer, P.C.
Attorney for Plaintiff Carrie A. Whatley
JOHN F. WALSH
United States Attorney
KEVIN T. TRASKOS
Civil Chief
Assistant United States Attorney
District of Colorado
WILLIAM G. PHARO
Assistant United States Attorney
Stephanie Lynn F. Kiley
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration