Perito v. Commissioner of Social Security, et al

Filing 17

Joint Case Management Plan. SS Plaintiffs Brief due by 2/25/2013. SS Defendants Brief due by 3/27/2013. SS Plaintiffs Reply Brief due by 4/11/2013, by Judge John L. Kane on 1/16/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-02567-AP
DAVID PERITO,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of the Social Security Administration,
Defendant.

Joint Case Management Plan

1.

APPEARANCES OF COUNSEL

For Plaintiff:

For Defendant:

Joseph A. Whitcomb
Rocky Mountain Disability Law Group
1391 Speer Blvd
Suite 703
Denver, CO 80204
[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), 1631(c)(3), 42

U.S.C. §§ 405(g), 1383(c)(3) (2006).

3.

DATES OF FILING RELEVANT PLEADINGS
A.

B.

Date Complaint Was Served on U.S. Attorney’s Office: November 2, 2012

C.
4.

Date Complaint Was Filed: September 27, 2012 (initial complaint)
October 31, 2012 (amended complaint)

Date Answer and Administrative Record Were Filed: December 27, 2012

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 25, 2013

B.

Defendant’s Response Brief Due: March 27, 2013

C.

Plaintiff’s Reply Brief (If Any) Due: April 11, 2013

2

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 16th day of January, 2013.
BY THE COURT:

s/John L. Kane __________

U.S. DISTRICT COURT JUDGE

3

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

/s/ Daniel E. Burrows FOR
JOSEPH A. WHITCOMB
Rocky Mountain Disability Law Group
1391 Speer Blvd
Suite 703
Denver, CO 80204
[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 TELEPHONIC
AUTHORIZATION)

Attorneys for Defendant

4