Opinion
Civil Action No.: 12-cv-01167-AP
07-19-2012
CAROL A. WILCOX, Plaintiff v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant
For Plaintiff: Benjamin T. Kennedy Sawaya, Rose, McClure & Wilhite, P.C. For Defendant: JOHN F. WALSH United Stated Attorney WILLIAM G. PHARO Assistant United States Attorney District of Colorado M. Thayne Warner Special Assistant United States Attorney Assistant Regional Council Office of the General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCE OF COUNSEL AND PRO SE PARTIES
For Plaintiff:
Benjamin T. Kennedy
Sawaya, Rose, McClure & Wilhite, P.C.
For Defendant:
JOHN F. WALSH
United Stated Attorney
WILLIAM G. PHARO
Assistant United States Attorney
District of Colorado
M. Thayne Warner
Special Assistant United States Attorney
Assistant Regional Council
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 RELEVANT PLEADINGS
A. Date Complaint Was Filed: May 4, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: May 4, 2012
C. Date Answer and Administrative Record Were Filed: July 6, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Counsel for both Plaintiff and Defendant state that, to the best of their knowledge, the record is complete and accurate.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties, to the best of their knowledge, state that the administrative record is complete and accurate. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES.
The parties state that, to the best of their knowledge, this case does not involve any unusual claims or defenses.
7. OTHER MATTERS
There are no other matters anticipated.
8. BRIEFING SCHEDULE
This JCMP is due July 26, 2012. All dates are calculated from that base date.
A. Plaintiff's Opening Brief Due: September 4, 2012
B. Defendant's Response Brief Due: October 4, 2012
C. Plaintiff's Reply Brief (If Any) Due: October 19, 2012
9. STATEMENTS REGARDING ORAL ARGUMENT
Plaintiff requests oral argument. Defendant does not request oral argument.
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
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. LCiv 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
None.
BY THE COURT:
John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED:
____________________
Benjamin T. Kennedy
Attorney for Plaintiff
___________________
M. Thayne Warner
Special Assistant U.S. Attorney
Attorney for Defendant