Cross, v. Astrue
Filing
14
Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 11/16/2012. SS Defendants Brief due by 12/17/2012. SS Plaintiffs Reply Brief due by 1/2/2013, by Judge John L. Kane on 9/21/12. (sgrim)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-1722-AP
MIKE Q. CROSS,
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:
Jon S. Nicholls
1850 Race Street
Denver, Colorado 80206
Telephone: (303) 329-9700
Fax (303) 329-6950
jon.nicholls@nichollslaw.com
For Defendant:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
J.B.Garcia@usdoj.gov
DAVID BLOWER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone:(303) 844-1571
Fax: (303) 844-0770
david.blower@ssa.gov
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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.
B.
Date Complaint Was Served on U.S. Attorney=s Office: July 6, 2012
C.
4.
Date Complaint Was Filed: July 3, 2012
Date Answer and Administrative Record Were Filed: September 4, 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.
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
Parties agree to the following proposed briefing schedule:
A.
B.
Defendant=s Response Brief Due: December 17, 2012
C.
9.
Plaintiffs Opening Brief Due: November 16, 20121
Plaintiffs Reply Brief (If Any) Due: January 2, 2013
STATEMENTS REGARDING ORAL ARGUMENT
A.
B.
10.
Plaintiffs Statement: Plaintiff requests 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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Due to press of other business, Plaintiff’s counsel has requested that his brief be due November
16, 2012.
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DATED this 21st day of September, 2012.
BY THE COURT:
s/John L. Kane
__________
U.S. DISTRICT COURT JUDGE
APPROVED:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney=s Office
District of Colorado
J.B.Garcia@usdoj.gov
s/ Jon Nicholls_____________
Jon S. Nicholls
1850 Race Street
Denver, Colorado 80206
Telephone: (303) 329-9700
Fax (303) 329-6950
jon.nicholls@nichollslaw.com
Attorney for Plaintiff
By: s/ David Blower
David Blower
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: (303) 844-1571
david.blower@ssa.gov
Attorneys for Defendant.
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