Opinion
Civil Action No. 11-cv-02300-AP
12-13-2011
MICHAEL A. ZELLER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
For Plaintiff : KENNETH J. SHAKESHAFT Shakeshaft Law Firm For Defendant : JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado ALEXESS REA Special Assistant United States Attorney Office of General Counsel Social Security Administration
JOINT CASE MANAGEMENT PLAN
1. APPEARANCES OF COUNSEL
For Plaintiff:
KENNETH J. SHAKESHAFT
Shakeshaft Law Firm
For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado
ALEXESS REA
Special Assistant United States Attorney
Office of 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: 09/01/11
B. Date Complaint Was Served on U.S. Attorney's Office: 09/19/11
C. Date Answer and Administrative Record Were Filed: 11/15/11
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. BRIEFING SCHEDULE
A. Plaintiff's Opening Brief Due: 01/13/12
B. Defendant's Response Brief Due: 02/13/12
C. Plaintiff's Reply Brief (If Any) Due: 02/28/12
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
A. () 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
U.S. DISTRICT COURT JUDGE
APPROVED:
_______________
KENNETH J. SHAKESHAFT
Shakeshaft Law Firm
Attorney for Plaintiff
UNITED STATES ATTORNEY
_______________
BY: ALEXESS REA
Special Assistant United States Attorney
Attorney for Defendant