Johnson v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiff's Brief due by 8/30/2012. SS Defendant's Brief due by 9/29/2012. SS Plaintiff's Reply Brief due by 10/15/2012, by Judge John L. Kane on 7/17/12. (lygsl, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-00888-AP KAREN JOHNSON, 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 Plaintiff: Frederick W. Newall 730 N. Weber, #101 Colorado Springs, CO 80903 Telephone (719) 633-5211 E-mail: fnewall@qwestoffice.net For Defendant: JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney’s Office District of Colorado William.Pharo@usdoj.gov THAYNE WARNER Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, CO 80202 Telephone: (303) 844-7237 thayne.warner@ssa.gov 1 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. B. C. 4. Date Complaint Was Filed: April 5, 2012 Date Complaint Was Served on U.S. Attorney’s Office: April 22, 2012 Date Answer and Administrative Record Were Filed: June 26, 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. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief. 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. 8. BRIEFING SCHEDULE Counsel for Plaintiff requests three additional days to file his opening brief, which is reflected in the proposed schedule, below. Counsel for Defendant does not object to that request. A. B. C. 9. Plaintiff’s Opening Brief Due: Defendant’s Response Brief Due: Plaintiff’s Reply Brief (If Any) Due: August 30, 2012 September 29, 2012 October 15, 2012 STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff’s Statement: Plaintiff does not request oral argument. Defendant’s Statement: Defendant does not request oral argument. 2 10. 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. DATED this 17th day of July, 2012. BY THE COURT: s/John L. Kane _________ U.S. DISTRICT COURT JUDGE APPROVED: JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney’s Office District of Colorado William.Pharo@usdoj.gov /s/ Frederick W. Newell 730 N. Weber, #101 Colorado Springs, CO 80903 Telephone (719) 633-5211 E-mail: fnewall@qwestoffice.net Attorney for Plaintiff By: /s/ M. Thayne Warner M. Thayne Warner Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: (303) 844-7237 thayne.warner@ssa.gov Attorneys for Defendant 3

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?