Opinion
Civil Action No. 12-cv-00601-JLK
07-06-2012
APRIL E. WHITTEN, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security.
RACHAEL A. LUNDY Michael W. Seckar, P.C. JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado MICHAEL S. HOWARD Special Assistant United States Attorney Assistant Regional Counsel 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:
RACHAEL A. LUNDY
Michael W. Seckar, P.C.
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
MICHAEL S. HOWARD
Special Assistant United States Attorney
Assistant Regional Counsel
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: March 9, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: April 19, 2012
C. Date Answer and Administrative Record Were Filed: June 18, 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
Neither party intends to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
The parties, to the best of their knowledge, do not believe the case raises unusual claims or defenses. 7. OTHER MATTERS
The parties have no other matters to bring to the attention of the court. 8. PROPOSED BRIEFING SCHEDULE
Because of workload and scheduling conflicts, the parties respectfully respect briefing to commence later than 40 days after the filing of this Joint Case Management Plan. Counsel for both parties agrees to the following proposed briefing schedule:
A. Plaintiff's Opening Brief Due: August 14, 2012
B. Defendant's Response Brief Due: September 13, 2012
C. Plaintiff's Reply Brief (If Any) Due: September 28, 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
Indicate below the parties' consent choice.
A. (X) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge.
B. () 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
SENIOR U.S. DISTRICT COURT JUDGE
APPROVED:
For Plaintiff:
____________
Rachael A. Lundy
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Michael S. Howard
Special Assistant United States Attorney