Jones v. Astrue

Filing 13

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 12/24/2012. SS Defendants Brief due by 1/23/2013. SS Plaintiffs Reply Brief due by 2/7/2013, by Judge John L. Kane on 11/19/12. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-02125-AP JULIUS JONES, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ______________________________________________________________________________ JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASE ______________________________________________________________________________ Defendant hereby files this joint case management plan (JCMP) on behalf of the parties, and requests that it be accepted out of time. The JCMP was due to be filed on November 13, 2012. Agency counsel drafted a proposed JCMP and sent it to Plaintiff’s counsel via email for review on November 9, 2012, stating that she would file the JCMP by November 13, 2012, once Plaintiff’s counsel approved the proposed JCMP. However, agency counsel was out of the office unexpectedly almost the entire week of November 13, 2012, due to a personal tragedy. Therefore, Defendant requests that the Court accept this JCMP to be filed out of time. -1- 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: For Defendant: JOSEPH A. WHITCOMB Rocky Mountain Disability Group 1391 Speer Blvd., Suite 705 Telephone: (303) 534-1958 Facsimile: (303) 534-1949 joe@rmdlg.com 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: (303) 844-7101 Facsimile: (303) 844-0770 alexess.rea@ssa.gov 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: August 13, 2012 B. Date Complaint Was Served on U.S. Attorney’s Office: August 21, 2012 C. Date Answer and Administrative Record Were Filed: October 22, 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. -2- 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: December 24, 2012 B. Defendant’s Response Brief Due: January 23, 2013 C. Plaintiffs Reply Brief (If Any): February 7, 2013 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff’s Statement: Plaintiff does not request 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. -3- DATED this 19th day of November, 2012. BY THE COURT: s/John L. Kane ___________ U.S. DISTRICT COURT JUDGE APPROVED: For Plaintiff: For Defendant: JOHN F. WALSH United States Attorney District of Colorado s/ Joseph A. Whitcomb JOSEPH A. WHITCOMB Rocky Mountain Disability Group 1391 Speer, Suite 705 Telephone: (303) 534-1958 Facsimile: (303) 534-1949 joe@rmdlg.com 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: (303) 844-7101 Facsimile: (303) 454-0770 alexess.rea@ssa.gov Attorney for Plaintiff Attorneys for Defendant -4-

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