Opinion
Civil Action No. 12-cv-01898-AP
10-15-2012
JERRY VERNON WHITE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : Francis K. Culkin For Defendant: JOHN F. WALSH United States Attorney J.B. GARCÍA Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley Special Assistant United States Attorney
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
Stephanie Lynn F. Kiley
Special Assistant United States Attorney
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: July 20, 2012 B. Date Complaint Was Served on U.S. Attorney's Office: July 27, 2012 C. Date Answer and Administrative Record Were Filed: September 25, 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: November 26, 2012 B. Defendant's Response Brief Due: December 26, 2012 C. Plaintiffs Reply Brief (If Any) Due: January 8, 2013
9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiffs Statement:
Plaintiff requests 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: _____________
Francis K. Culkin
Attorney for Plaintiff JAMES F. WALSH
United States Attorney
J.B. GARCÍA
Assistant United States Attorney
District of Colorado
By: _____________
Stephanie F. Kiley
Special Assistant United States Attorney
Attorneys for Defendant.