Freeman v. Commissioner of Social Security

Filing 18

Defendant's Case Management Plan. SS Plaintiffs Brief due by 9/7/2012. SS Defendants Brief due by 10/8/2012. SS Plaintiffs Reply Brief due by 10/23/2012, by Judge John L. Kane on 8/6/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00919-AP
ERNEST WAYNE FREEMAN,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

Defendant’s Case Management Plan

Defendant hereby submits this proposed case management plan. Undersigned
counsel for the Commissioner made reasonable, good faith efforts to confer with Plaintiff
as to this matter by attempting to reach Plaintiff via telephone several times over a three
different business days. The undersigned was unable to leave voicemails, as Plaintiff’s
phone would not accept them. Also, the third time the undersigned called there was a
recording stating the number was no longer in service. Defendant has incorporated herein
Plaintiff’s statements and proposals insofar as they can be divined from Plaintiff’s
previous filings in this case.
1.

APPEARANCES OF COUNSEL

For Plaintiff:

Ernest Freeman (pro se)
PO Box 474
Colorado Springs, CO 80901
[phone]

For Defendant:

Daniel E. Burrows
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER
JURISDICTION
This Court has jurisdiction based on Social Security Act §§ 205(g) and 1631(c)(3),

42 U.S.C. §§ 405(g), 1383(c)(3) (2006).
3.

DATES OF FILING RELEVANT PLEADINGS
A.
B.

Date Complaint Was Served on U.S. Attorney’s Office: April 29, 2012

C.
4.

Date Complaint Was Filed: April 6, 2012

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

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of his knowledge, Defendant believes the administrative record is

complete and accurate.
5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

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Defendant does not intend to submit additional evidence. Plaintiff appears to have
attached additional evidence to his Complaint.
6.

STATEMENT REGARDING WHETHER THIS CASE RAISES
UNUSUAL CLAIMS OR DEFENSES
Defendant does 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. There are no other

matters to bring to the attention of the Court.
8.

BRIEFING SCHEDULE
A.
B.

Defendant’s Response Brief Due: October 8, 2012

C.
9.

Plaintiff’s Opening Brief Due: September 7, 2012

Plaintiff’s Reply Brief (If Any) Due: October 23, 2012

STATEMENTS REGARDING ORAL ARGUMENT
A.

Plaintiff’s Statement: Plaintiff’s position on oral argument is unknown at

this time.
B.

Defendant’s Statement: Defendant requests oral argument. Defendant’s

experience with pro se plaintiffs has been that they (understandably) sometimes have
difficulty pinpointing precisely what it is about the Commissioner’s decision that is being
challenged. Defendant thus believes that a short oral argument, with pointed questions

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from the judge, would allow Plaintiff the chance to fully flesh out his case (and,
accordingly, allow Defendant a chance to respond more fully and appropriately).
10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE
JUDGE
Defendant is willing to consent to magistrate judge jurisdiction and will submit the

appropriate consent forms if Plaintiff will likewise consent.
11.

AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with

D.C.COLO.LCivR 7.1(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.
DATED this 6th day of August, 2012.
BY THE COURT:

s/John L. Kane _______

APPROVED:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
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Assistant United States Attorney

s/ Daniel E. Burrows
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
1001 17th St
Denver, CO 80202
[phone]
[e-mail]
Attorneys for Defendant

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CERTIFICATE OF SERVICE
I hereby certify that on August 6, 2012, I electronically filed the foregoing
Defendant’s Proposed Case Management Plan with the Clerk of Court using the CM/ECF
system which will send notification of such filing to the following:
William George Pharo
[e-mail]
I also sent the foregoing to Plaintiff via U.S. Mail at the address below (as he is not a
registered ECF user):
Ernest Freeman
PO Box 474
Colorado Springs, CO 80901

s/ Daniel E. Burrows
Office of the General Counsel
Social Security Administration

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