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IN THE UNITED STATES DISTRICT COURT 

 FOR THE DISTRICT OF COLORADO 

Civil Action No. 11-cv-02597-AP 

PEGGY SPENCE O/B/O DARROW A. HARTNESS, JR., DECEASED 

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: For Defendant: 

Virginia L. Card Smith JOHN F. WALSH 

1763 Franklin Street United States Attorney 

Denver, CO 80218-1124 Telephone (303) 394-9945 

WILLIAM G. PHARO 

E-mail: vsmith3470@aol.com Assistant United States Attorney 

United States Attorney’s Office 

District of Colorado 

William.Pharo@usdoj.gov 

THAYNE WARNER 

Special Assistant United States Attorney 

Office of the General Counsel 

Social Security Administration 

1001 Seventeenth Street 

Denver, CO 80202 

Telephone: (303) 844-7237 

thayne.warner@ssa.gov

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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. Date Complaint Was Filed: October 4, 2011 

B. Date Complaint Was Served on U.S. Attorney’s Office: October 13, 2011 

C. Date Answer and Administrative Record Were Filed: December 12, 2011 

4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD

The parties, to the best of their knowledge, state that the administrative record is complete and 

accurate. However, the Plaintiff reserves the right to supplement the record if necessary at the 

time of the Opening Brief. 

5. STATEMENT REGARDING ADDITIONAL EVIDENCE

The parties do not anticipate submitting additional evidence. 

6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL 

CLAIMS OR DEFENSES

The parties, to the best of their knowledge, do not believe this case raises unusual claims or 

defenses. 

7. OTHER MATTERS

There are no other matters anticipated. 

8. BRIEFING SCHEDULE

Plaintiff is experiencing an unusually heavy workload, and therefore respectfully requests 

briefing to commence later than 40 days after the filing of this Joint Case Management Plan. 

Defendant does not object to Plaintiff’s request. Thus, the requested briefing schedule is as 

follows: 

A. Plaintiff’s Opening Brief Due: February 22, 2012

B. Defendant’s Response Brief Due: March 23, 2012 

C. Plaintiff’s Reply Brief (If Any) Due: April 7, 2012 

9. STATEMENTS REGARDING ORAL ARGUMENT 

A. Plaintiff’s Statement: Plaintiff requests oral argument. 

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

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE

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

The parties agree that the Joint Case Management Plan may be altered or amended only upon a 

showing of good cause. 

 

DATED this 3rd day of January, 2012. 

BY THE COURT: 

_s/John L. Kane_____ 

U.S. DISTRICT COURT JUDGE 

APPROVED: 

/s/ Virgina L. Card Smith 

1763 Franklin Street 

Denver, CO 80218-1124 

Telephone (303) 394-9945 

E-mail: vsmith3470@aol.com

Attorney for Plaintiff 

JOHN F. WALSH 

United States Attorney 

WILLIAM G. PHARO 

Assistant United States Attorney 

United States Attorney’s Office 

District of Colorado 

William.Pharo@usdoj.gov

By: /s/M. Thayne Warner 

M. Thayne Warner 

Special Assistant United States Attorney 

1001 Seventeenth Street 

Denver, Colorado 80202 

Telephone: (303) 844-7237 

thayne.warner@ssa.gov 

Attorneys for Defendant 

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