Opinion
Civil Action No. 12-cv-02242-AP
12-17-2012
REX E. WILLITTS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of the Social Security Administration, Defendant.
For Plaintiff : Michael S. Krieger For Defendant : Daniel E. Burrows Special Assistant U.S. Attorney Social Security Administration
Joint Case Management Plan
1. APPEARANCES OF COUNSEL
For Plaintiff: Michael S. Krieger For Defendant: Daniel E. Burrows
Special Assistant U.S. Attorney
Social Security Administration
2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
This Court has jurisdiction based on Social Security Act § 205(g), 42 U.S.C. § 405(g) (2006).
3. DATES OF FILING RELEVANT PLEADINGS
A. Date Complaint Was Filed: August 23, 2012 (initial complaint); August 30, 2012 (amended complaint)
B. Date Complaint Was Served on U.S. Attorney's Office: September 27, 2012
C. Date Answer and Administrative Record Were Filed: November 26, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe 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 do not believe this case raises any unusual claims or defenses.
7. OTHER MATTERS
This case is not on appeal from a decision issued on remand. The parties have no other matters to bring to the attention of the Court.
8. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: February 18, 2013
B. Defendant's Response Brief Due: March 20, 2013
C. Plaintiff's Reply Brief (If Any) Due: April 3, 2013
This is adjusted from the ordinary briefing schedule in Social Security cases because Plaintiff's attorney has some unusually difficult and complicated briefing due in another case around the time of the ordinary deadlines.
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
The parties do not consent to the exercise of jurisdiction by a magistrate judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with D.C.COLO.LCivR 6.1(E) 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.
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: ____________________
MICHAEL S. KRIEGER
165 S Union Blvd #555
Lakewood, CO 80228
(303) 781-5559
m.krieger@comcast.net
Attorney for Plaintiff
(SIGNED PER ELECTRONIC
AUTHORIZATION)
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
____________________
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
1001 17th St
Denver, CO 80202
(303) 844-7356
daniel.burrows@ssa.gov
Attorneys for Defendant
CERTIFICATE OF SERVICE
I hereby certify that on December 17, 2012, I electronically filed the foregoing Joint Case Management Plan with the Clerk of Court using the CM/ECF system which will send notification of such filing to the following:
m.krieger@comcast.net
j.b.garcia@usdoj.gov
Daniel E. Burrows
Office of the General Counsel
Social Security Administration