Marjerrison v. Astrue

Filing 14

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 10/19/2012. SS Defendants Brief due by 11/19/2012. SS Plaintiffs Reply Brief due by 12/3/2012, by Judge John L. Kane on 9/7/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No.:

12-cv-1365-AP

JESSICA SABRINA MARJERRISON,
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 #10269, Esq.
730 N. Weber, #101
Colorado Springs, CO 80903
Telephone [phone]
[e-mail]

For Defendant:
JOHN WALSH
Acting United States Attorney
WILLIAM GEORGE PHARO
U.S. Attorney’s Office-Denver
1225 17th Street E., Ste. 700
Denver, CO 80202
Telephone: [phone]
[e-mail]
STEPHANIE L. FISHKIN-KILEY
Special Assistant U. S. Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
1961 Stout Street, Suite 1001A
Denver, CO 80294
Telephone: [phone]
[e-mail]

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.

Date Complaint Was Served on U.S. Attorney’s Office:

C.

4.

Date Complaint Was Filed:

May 25, 2012.

Date Answer and Administrative Record Were Filed:

June 11, 2012.
August 18, 2012.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

Plaintiff states:
Although counsel has undertaken a timely review of the record, the
accuracy and completeness of the Administrative Record cannot be verified until after the
Plaintiff’s Opening brief is filed.
Defendant states:
Administrative Record.

5.

There are no issues with the accuracy or completeness of the

STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states: See Plaintiff’s statement in paragraph 4, above.
Defendant states: None anticipated.

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
None.

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8.

BRIEFING SCHEDULE

Plaintiff's attorney, because of workload, namely Regina Anderson v. Apfel , due October
11, 2012, requests that briefing commence 45 days after this joint case management plan was due.
Counsel for both parties conferred and agreed upon the following proposed briefing schedule:

A.
B.

Defendant’s Response Brief Due:

C.

9.

Plaintiffs Opening Brief Due:

October 19, 2012.

Plaintiffs Reply Brief (If Any) Due:

November 19, 2012.
December 3, 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.

DATED this 7th day of September, 2012.
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BY THE COURT:
_______
s/John L. Kane
THE HONORABLE JOHN L. KANE
U.S. DISTRICT COURT JUDGE
APPROVED:

JOHN WALSH

Acting United States Attorney

s/Frederick W. Newall
FREDERICK W. NEWALL
730 N. Weber, #101
Colorado Springs, CO 80903
[phone]
[e-mail]

WILLIAM GEORGE PHARO
U.S. Attorney’s Office-Denver
1225 17th Street E., Ste. 700
Denver, CO 80202
Telephone: [phone]
[e-mail]

Attorney for Plaintiff

By: s/Stephanie Lynn F. Kiley_
STEPHANIE LYNN F. KILEY
Special Assistant United States Attorney
1961 Stout Street, Suite 1001A
Denver, Colorado 80294
Telephone: [phone]
[e-mail]
Attorneys for Defendant.

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