King v. Astrue

Filing 15

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 12/7/2012. SS Defendants Brief due by 1/8/2013. SS Plaintiffs Reply Brief due by 1/22/2013, by Judge John L. Kane on 10/23/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-1479-AP
NOEL KING,
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]

J.B. GARCÍA
Assistant United States Attorney
District of Colorado
STEPHANIE LYNN F. KILEY
Special Assistant United States Attorney
Office of the General Counsel,
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: [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 24, 2012

4.

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 request the following proposed briefing schedule, which is
outside the standard forty days due to Defendant’s workload during December 2012:
A.

December 7, 2012

B.

Defendant’s Response Brief Due:

January 8, 2013

C.

9.

Plaintiffs Opening Brief Due:

Plaintiffs Reply Brief (If Any) Due:

January 22, 2013

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 23rd day of October, 2012
BY THE COURT:

_______
U.S. DISTRICT COURT JUDGE
s/John L. Kane

APPROVED:
JOHN F. WALSH

___________________
Frederick Newall
730 N. Weber, #101
Colorado Springs, CO 80903
[phone]
E-mail: [e-mail]

United States Attorney
J.B. GARCÍA
Assistant U.S. Attorney
District of Colorado

Attorney for Plaintiff

By: s/Stephanie F. Kiley
Stephanie F. Kiley
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: [phone]
[e-mail]
Attorneys for Defendant.

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