Opinion
Civil Action No. 12-cv-01510-AP
09-06-2012
JEANETTE A. WICKS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : JEANETTE A. WICKS For Defendant: JOHN F. WALSH United States Attorney J. BENEDICT GARCÍA Assistant United States Attorney United States Attorney's Office District of Colorado SANDRA T. KRIDER Special Assistant United States Attorney Supervisory 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:
JEANETTE A. WICKS
For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney's Office
District of Colorado
SANDRA T. KRIDER
Special Assistant United States Attorney
Supervisory 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: 6/12/12
B. Date Complaint Was Served on U.S. Attorney's Office: 6/21/12
C. Date Answer and Administrative Record Were Filed: 8/20/12 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states the record is incomplete and inaccurate.
To the best of his knowledge, Defendant states the record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff anticipates submitting additional evidence.
Defendant does not anticipate submitting additional evidence but reserves the right to object to additional evidence Plaintiff submits. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES
This case may raise unusual claims or defenses in that it is not a Social Security disability case. Nonetheless, this is an appeal under section 205(g) of the Social Security Act, and the standard of review is the same as a Social Security disability case. 7. OTHER MATTERS
The parties state there are no other matters. 8. BRIEFING SCHEDULE
The parties agreed to the following schedule:
A. Plaintiffs Opening Brief Due: 10/22/12
B. Defendant's Response Brief Due: 11/21/12
C. Plaintiffs Reply Brief (If Any) Due: 12/06/12 9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff's Statement: Plaintiff requests oral argument.
B. Defendant's Statement: Defendant does not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
The parties do not consent 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:
For Plaintiff:
JEANETTE A. WICKS
Jeanette A. Wicks
For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Sandra T. Krider
Special Assistant U.S. Attorney