Houseman v. Astrue, et al

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 1/21/2013. SS Defendants Brief due by 2/20/2013. SS Plaintiffs Reply Brief due by 3/7/2013, by Judge John L. Kane on 12/10/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-2440-AP
D’ANNA L. HOUSEMAN,
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:
Alan M. Agee, P.C.
Alan M. Agee
512 S. 8th Street
Colorado Springs, CO 80905
719-473-1515
[e-mail]
Teresa H. Abbott
3515 S. Tamarac Drive, Suite 200
Denver CO 80237
303-757-5000
303-689-9627 (facsimile)
[e-mail]
For Defendant:
John F. Walsh
United States Attorney
J. Benedict García
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
David I. Blower
Special Assistant United States Attorney
Denver, Colorado 80202
303-844-1571
303-844-0770 (facsimile)
[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.

B.

Date Complaint Was Served on U.S. Attorney's Office: 9/21/12

C.

4.

Date Complaint Was Filed: 9/13/12

Date Answer and Administrative Record Were Filed: 11/19/12

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

The Plaintiff states that the record is not complete and is missing a Listing Questionnaire from Dr.
Dallas Thompson which is the basis of the motion to supplement the record. The Defendant
opposes this motion.
To the best of his knowledge, Defendant states that the record is complete and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

The parties do not anticipate submitting additional evidence, except Ms. Houseman through
counsel will be filing a motion to supplement the record requesting that Dr. Dallas Thompson’s
Listing Questionnaire dated 9/13/11 be made a part of the record.

6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR
DEFENSES
The parties state that this case does not raise unusual claims or defenses.
7. OTHER MATTERS
The parties state that there are no other matters.
8. BRIEFING SCHEDULE
A.

Plaintiff's Opening Brief Due: 1/21/13

B.

Defendant’s Reply Brief (If Any) Due: 2/20/13
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C.

Plaintiff’s Reply Brief (If Any) Due: 3/7/13

9. STATEMENTS REGARDING ORAL ARGUMENT
A.

Plaintiff's Statement: Plaintiff requests oral argument.

B.

Defendant's Statement: Defendant does not request oral argument.

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
A.

( ) All parties have consented to the exercise of jurisdiction of a
United States Magistrate Judge.

B.

( X ) All parties have not consented to the exercise of jurisdiction of a
United States Magistrate Judge.

11. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
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.
The parties agree that the Joint Case Management Plan may be altered or amended only
upon a showing of good cause.

DATED this 10th 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

ALAN M. AGEE, P.C.
s/ Alan M. Agee
512 S. 8th Street
Colorado Springs, CO 80905
719-473-1515
[e-mail]

By: s/ David I. Blower
Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-1571
303-844-0770 (facsimile)
[e-mail]
Attorneys for Defendant

Teresa H. Abbott
3515 S. Tamarac Drive, Suite 200
Denver CO 80237
303-757-5000
303-689-9627 (facsimile)
[e-mail]
Attorneys for Plaintiff

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