Welch v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 9/17/2012. SS Defendants Brief due by 10/17/2012. SS Plaintiffs Reply Brief due by 11/1/2012, by Judge John L. Kane on 8/3/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:12-cv-00818-AP
THERESA WELCH,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
________________________________________________________________________
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Defendant:
JOHN F. WALSH
United States Attorney

For Plaintiff:
Frederick W. Newall #10269, Esq.
730 N. Weber, #101
Colorado Springs, CO 80903
Telephone [phone]
E-mail: [e-mail]

WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
DAVID BLOWER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: [phone]
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
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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.
B.

Date Complaint Was Served on U.S. Attorney’s Office: May 16, 2012

C.

4.

Date Complaint Was Filed: March 30, 2012

Date Answer and Administrative Record Were Filed: July 16, 2012

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

The parties do not anticipate submitting additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL
CLAIMS OR DEFENSES

The parties, to the best of their knowledge, do not believe this case raises unusual claims or
defenses.

7.

OTHER MATTERS
There are no other matters anticipated.

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8.

BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A.
B.

Defendant’s Response Brief Due: October 17, 2012

C.

9.

Plaintiffs Opening Brief Due: September 17, 2012

Plaintiffs Reply Brief (If Any) Due: November 1, 2012

STATEMENTS REGARDING ORAL ARGUMENT
A.
B.

10.

Plaintiffs Statement: Plaintiff does not request oral argument.
Defendant’s Statement: Defendant does not request oral argument

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE

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.

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DATED this 3rd day of August, 2012.
BY THE COURT:

s/John L. Kane _________

U.S. DISTRICT COURT JUDGE
APPROVED:
JOHN F. WALSH
United States Attorney

s/Frederick Newall
730 N. Weber, #101
Colorado Springs, CO 80903
[phone]
E-mail: [e-mail]
Attorney for Plaintiff

WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
By: s/David Blower
David Blower
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: [phone]
[e-mail]
Attorneys for Defendant.

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