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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF COLORADO 

 

Civil Action No. 1:11-cv-02654-AP 

 

SETH M. WESHNAK, 

 

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: 

Amy Jane Simons, #24080 JOHN F. WALSH 

8142 South Mobile Way United States Attorney 

Englewood, Colorado 80112 

Telephone (303) 220-1320 KEVIN TRASKOS 

E-mail: amyjanes@aol.com Chief, Civil Division 

Assistant United States Attorney 

District of Colorado 

WILLIAM G. PHARO 

Assistant United States Attorney 

District of Colorado 

Stephanie Lynn F. Kiley 

Special Assistant United States Attorney 

1001 Seventeenth Street, Sixth Floor 

Denver, Colorado 80202 

303-844-0815 

303-844-0770 Facsimile 

Stephanie.kiley@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 12, 2011 

B. Date Complaint Was Served on U.S. Attorneys Office: November 2, 2011 

C. Date Answer and Administrative Record Were Filed: January 3, 2012 

4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD

Counsel for Plaintiff states: To the best of her knowledge, the record is complete and 

accurate. 

Counsel for Defendant states: To the best of her knowledge, the record is complete and 

accurate. 

5. STATEMENT REGARDING ADDITIONAL EVIDENCE 

The parties do not anticipate submitting additional evidence. 

6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS 

OR DEFENSES 

Counsel for Plaintiff states: To the best of her knowledge, this case does not involve unusual 

claims or defenses. 

Counsel for Defendant states: To the best of her knowledge, this case does not involve unusual 

claims or defenses. 

7. OTHER MATTERS

There are no other matters anticipated. 

 

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8. BRIEFING SCHEDULE

Counsel for both parties agree to the following proposed briefing schedule, which has been 

adjusted past the standard 40 days, due to Plaintiff counsel’s deposition schedule in February 

2012: 

A. Plaintiffs Opening Brief Due: March 12, 2012 

B. Defendant’s Response Brief Due: April 11, 2012 

C. Plaintiff’s Reply Brief (If Any) Due: April 26, 2012 

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. 

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 24th day of January 2012. 

BY THE COURT: 

s/John L. Kane _______ 

U.S. DISTRICT COURT JUDGE 

 

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APPROVED: 

/s/ Amy Jane Simons 

Amy Jane Simons, #24080 

8142 South Mobile Way 

Englewood, Colorado 80112 

Telephone (303) 220-1320 

amyjanes@aol.com

Attorney for Plaintiff 

 JAMES F. WALSH 

 United States Attorney 

 KEVIN TRASKOS 

 Assistant United States Attorney 

 District of Colorado 

 WILLIAM G. PHARO 

 Assistant United States Attorney 

 District of Colorado 

 /s/ Stephanie Lynn F. Kiley 

 Stephanie Lynn F. Kiley 

 Assistant Regional Counsel 

 1001 Seventeenth Street, Sixth Floor 

 Denver, Colorado 80202 

 Telephone: (303) 844-0815 

 stephanie.Kiley@ssa.gov 

 Attorneys for Defendant. 

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