Martinez v. Astrue

Filing 12

Joint Case Managment Plan for Social Security Cases. SS Plaintiffs Brief due by 4/26/2013. SS Defendants Brief due by 5/27/2013. SS Plaintiffs Reply Brief due by 6/10/2013, by Judge John L. Kane on 3/7/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-03066-AP
Marlana Martinez,
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:
Frederick W. Newall
730 N. Weber, #101
Colorado Springs, CO 80903
719-633-5211
719-635-6503(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]
Alexess D. Rea
Special Assistant United States Attorney
Denver, Colorado 80202
303-844-7101
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: December 17, 2012

C.

4.

Date Complaint Was Filed: November 20, 2012

Date Answer and Administrative Record Were Filed: February 14, 2013

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

To the best of his knowledge, Plaintiff states that the record is complete and accurate.
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 any additional evidence.
6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR
DEFENSES
The parties state that this case does not appear to raise unusual claims or defenses.
7. OTHER MATTERS
The parties state that they are not aware of any other matters.
8. BRIEFING SCHEDULE
A.
B.
C.

Plaintiff's Opening Brief Due: April 26, 2013
Defendant’s Response Brief Due: May 27, 2013
Plaintiff’s Reply Brief (If Any) Due: June 10, 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.
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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.
The briefing schedule is requested to be filed beyond the forty days due to an Opening
Brief due in the James K. Thomas v. Carolyn W. Colvin, 12-cv-03096-AP all on 04-16-13.
Also, Reply Brief is due 04-21-13 in Benjamin W. Swan v. Michael J. Astrue, 12-cv-2529-AP.
Plaintiff asks for Opening Brief to be due on 04-26-13 instead of 04-15-13.

DATED this 7th day of March, 2013.
BY THE COURT:
s/John L. Kane

U.S. DISTRICT COURT JUDGE

APPROVED:

s/ Frederick W. Newall

John F. Walsh
United States Attorney
By: s/Alexess Rea

730 N. Weber, #101
Colorado Springs, CO 80903
719-633-5211
719-635-6503(facsimile)
[e-mail]

Special Assistant U.S. Attorney
1001 17th Street
Denver, CO 80202
303-844-7101
303-844-0770 (facsimile)

[e-mail]
Attorney for Plaintiff
Attorneys for Defendant
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