Willitts v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 2/18/2013. SS Defendants Brief due by 3/20/2013. SS Plaintiffs Reply Brief due by 4/3/2013 by Judge John L. Kane on 12/17/12. (jjhsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02242-AP
REX E. WILLITTS,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of the Social Security Administration,
Defendant.

Joint Case Management Plan

1.

APPEARANCES OF COUNSEL

For Plaintiff:

For Defendant:

Michael S. Krieger
165 S Union Blvd #555
Lakewood, CO 80228
[phone]
[e-mail]

Daniel E. Burrows
Special Assistant U.S. Attorney
Social Security Administration
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER
JURISDICTION
This Court has jurisdiction based on Social Security Act § 205(g), 42 U.S.C.

§ 405(g) (2006).
3.

DATES OF FILING RELEVANT PLEADINGS

A.

Date Complaint Was Filed: August 23, 2012 (initial complaint); August 30,
2012 (amended complaint)

B.

Date Complaint Was Served on U.S. Attorney’s Office: September 27,

C.

Date Answer and Administrative Record Were Filed: November 26, 2012

2012

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe the administrative record is

complete and accurate.
5.

STATEMENT REGARDING ADDITIONAL EVIDENCE
Neither party intends to submit additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES
UNUSUAL CLAIMS OR DEFENSES
The parties do not believe this case raises any unusual claims or defenses.

7.

OTHER MATTERS
This case is not on appeal from a decision issued on remand. The parties have no

other matters to bring to the attention of the Court.
8.

BRIEFING SCHEDULE
A.

Plaintiff’s Opening Brief Due: February 18, 2013

B.

Defendant’s Response Brief Due: March 20, 2013

C.

Plaintiff’s Reply Brief (If Any) Due: April 3, 2013

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This is adjusted from the ordinary briefing schedule in Social Security cases
because Plaintiff’s attorney has some unusually difficult and complicated briefing due in
another case around the time of the ordinary deadlines.
9.

STATEMENTS REGARDING ORAL ARGUMENT
A.
B.

10.

Plaintiff’s Statement: Plaintiff does not request oral argument.
Defendant’s Statement: Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE
JUDGE
The parties do not consent to the exercise of jurisdiction by a magistrate judge.

11.

AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with

D.C.COLO.LCivR 6.1(E) 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.
The parties agree that the joint case management plan may be altered or amended
only upon a showing of good cause.
DATED this 17th day of December, 2012.
BY THE COURT:

s/John L. Kane _____

U.S. DISTRICT COURT JUDGE

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APPROVED:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney

s/ Daniel E. Burrows FOR
MICHAEL S. KRIEGER
165 S Union Blvd #555
Lakewood, CO 80228
[phone]
[e-mail]
Attorney for Plaintiff

s/ Daniel E. Burrows
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

(SIGNED PER ELECTRONIC
AUTHORIZATION)

Attorneys for Defendant

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CERTIFICATE OF SERVICE
I hereby certify that on December 17, 2012, I electronically filed the foregoing
Joint Case Management Plan with the Clerk of Court using the CM/ECF system which
will send notification of such filing to the following:
[e-mail]
[e-mail]

s/ Daniel E. Burrows
Office of the General Counsel
Social Security Administration

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