Garcia DeNunez v. Astrue et al

Filing 11

Defendant's Joint Case Management Plan. SS Plaintiffs Brief due by 11/26/2012. SS Defendants Brief due by 12/27/2012. SS Plaintiffs Reply Brief due by 1/11/2013, by Judge John L. Kane on 10/16/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01478-AP
CELIA GARCIA DENUNEZ,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
________________________________________________________________________
DEFENDANT’S JOINT CASE MANAGEMENT PLAN
________________________________________________________________________
Defendant, Commissioner of Social Security (“Commissioner”), hereby submits this proposed
joint case management plan. Pursuant to D.C. COLO. L. CIV. R. 7.1(A), on October 15, 2012,
the undersigned counsel for the Commissioner made reasonable, good faith efforts to confer with
Plaintiff’s counsel as to this matter by email and a voice message, but was unable to reach her.
1. APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:

For Defendant:

VIRGINIA L. CARD SMITH
1763 Franklin
Denver, CO 80218
Telephone: [phone]
Facsimile: [phone]
[e-mail]

JOHN F. WALSH
United States Attorney
District of Colorado
J. BENEDICT GARCÍA
Assistant United States Attorney
ALEXESS D. REA
Special Assistant United States Attorney
1001 17th Street
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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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: June 6, 2012
B. Date Complaint Was Served on U.S. Attorney’s Office: July 25, 2012
C. Date Answer and Administrative Record Were Filed: September 25, 2012
4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
At this time, the Administrative Record appears to be complete and accurate; the parties will
fully ascertain the completeness of the record upon the drafting and completion of their
respective briefs.
5. STATEMENT REGARDING ADDITIONAL EVIDENCE
Defendant does not anticipate submitting additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS
OR DEFENSES
Defendant does not foresee offering any unusual claims or defenses in this case.
7. OTHER MATTERS
Defendant is not aware of any other matters at this time.
8. BRIEFING SCHEDULE
Defendant proposes the following briefing schedule:
A. Plaintiff’s Opening Brief Due: November 26, 2012
B. Defendant’s Response Brief Due: December 27, 2012
C. Plaintiffs Reply Brief (If Any) Due: January 11, 2013

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9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff’s Statement:
Plaintiff ____________ oral argument.
B. Defendant’s Statement:
Defendant does not request oral argument
10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
A.
B.

() All parties have consented to the exercise of jurisdiction of a United States Magistrate
Judge.
(X) 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
Defendant agrees that the Joint Case Management Plan may be altered or amended only upon a
showing of good cause.
DATED this 16th day of October, 2012.
BY THE COURT:

_________
S/John L. Kane
U.S. DISTRICT COURT JUDGE

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APPROVED:

For Defendant:

For Plaintiff:

JOHN F. WALSH
United States Attorney
District of Colorado

s/
VIRGINIA L. CARD SMITH
1763 Franklin
Denver, CO 80218
Telephone: [phone]
Facsimile: [phone]
[e-mail]

J. BENEDICT GARCÍA
Assistant United States Attorney
s/ Alexess D. Rea
ALEXESS D. REA
Special Assistant United States Attorney
1001 17th Street
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
[e-mail]

Attorney for Plaintiff

Attorneys for Defendant

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