Opinion
Civil Action No. 12-cv-02789-AP
01-17-2013
LINDA KAY YELLIN, Plaintiff, v. MICHAEL J. ASTRUE, Defendant.
For Plaintiff : Ruth K. Irvin Attorney for Plaintiff For Defendant : John F. Walsh United States Attorney J. Benedict García Assistant United States Attorney United States Attorney's Office District of Colorado Michael Howard Special Assistant United States Attorney
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Ruth K. Irvin
Attorney for Plaintiff
For Defendant: John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney's Office
District of Colorado
Michael Howard
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: October 22, 2012
B. Date Complaint Was Served on U.S. Attorney's Office: October 31, 2012
C. Date Answer and Administrative Record Were Filed: December 28, 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. Notwithstanding, the parties would reserve objections regarding the adequacy of the record for the parties' respective briefs on the merits of the case.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
The parties do not intend 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. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: February 26, 2013
B. Defendant's Reply Brief (If Any) Due: March 28, 2013
C. Plaintiff's Reply Brief (If Any) Due: April 12, 2013
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. () All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge.
B. (X) All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.
11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
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. 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: _______________
Ruth K. Irvin
Attorney for Plaintiff
595 Canyon Blvd.
Boulder, CO 80302
Telephone: (303) 543-0337
Rkirvin@irvinlaw.net
(as per email authorization)
UNITED STATES ATTORNEY _______________
By: Michael S. Howard
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
Telephone: (303) 844-7192
michael.howard@ssa.gov