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)
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.
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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.
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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.
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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
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