Rabanal v. Astrue

Filing 9

Joint Case Management Plan for Social Security Cases (ORDER), SS Defendants Brief due by 3/18/2009, SS Plaintiffs Brief due by 2/2/2009, SS Plaintiffs Reply Brief due by 4/1/2009. Signed by Judge John L. Kane on 1/14/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02159-AP JOSE G. RABANAL, 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: JOSE G. RABANAL 338 33 ½ Road Palisade, CO 81526 [phone] For Defendant: DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado THOMAS H. KRAUS Special Assistant United States Attorney 1961 Stout Street, Suite 1001A Denver, Colorado 80294 [phone] [e-mail]

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. C. Date Complaint Was Filed: 10/03/08 Date Complaint Was Served on U.S. Attorney's Office: 10/22z/08 Date Answer and Administrative Record Were Filed: 12/22/08

4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD There are no issues with the accuracy or completeness of the administrative record. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE None anticipated. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES This case does not involve unusually complicated or out-of-the-ordinary claims. 7. OTHER MATTERS None. 8. BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: February 2, 2009 Defendant's Response Brief Due: March 18, 2009 Plaintiff's Reply Brief (If Any) Due: April 1, 2009

9. STATEMENTS REGARDING ORAL ARGUMENT -2-

A. B.

Plaintiff's Statement: Oral Argument not requested. Defendant's Statement: Oral Argument not requested.

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. B. (X ) All parties have consented to the exercise of jurisdiction of a United States 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 14th day of January, 2009. BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE

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APPROVED: s/ Jose G. Rabanal JOSE G. RABANAL 338 33 ½ Road Palisade, CO 81526 [phone] Plaintiff Pro Se UNITED STATES ATTORNEY DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado s/ Thomas H. Kraus By: THOMAS H. KRAUS Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, Colorado 80294 Telephone: [phone] [e-mail] Attorneys for Defendant Please affix counsel's signatures and any pro se party's signatures before submission of the proposed Joint Case Management Plan to the court.

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