Perez v. Astrue

Filing 15

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 2/26/2009. SS Defendants Brief due by 3/28/2009. SS Plaintiffs Reply Brief due by 4/13/2009, by Judge John L. Kane on 2/11/09. (gms, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-2176-AP FELICIA M. PEREZ OBO ASHTON J. MEDINA, 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: LARRY R. DAVES Colorado Legal Services, Inc. Mailing Address: P.O. Box 1026 La Junta, CO 81050 Street Address: 207 ½ Colorado Ave. La Junta, CO 81050 719-384-5438 719-384-8676 (facsimile) ldaves@pcisys.net For Defendant: Troy Eid United States Attorney Kevin Thomas Traskos Assistant U.S. Attorney Kevin.Traskos@usdoj.gov Stephanie Lynn F. Kiley Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO 80294 Telephone: (303) 844-0815 Fax: (303) 844-0770 stephanie.fishkin.kiley@ssa.gov 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. 4. Date Complaint Was Filed: October 8, 2008 Date Complaint Was Served on U.S. Attorney's Office: October 10, 2008 Date Answer and Administrative Record Were Filed: December 18, 2008 STATEMENT REGARDING THE ADEQUACY OF THE RECORD The administrative record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE There is no additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES This case does not raise unusual claims or defenses. 7. OTHER MATTERS The parties state to the best of their knowledge that there are no other matters. 8. BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: February 26, 2009 Defendant's Response Brief Due: March 28, 2009 Plaintiff's Reply Brief Due: April 13, 2009 2 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff does not request oral argument. 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 BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON 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 11th day of February, 2009. BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: s/Larry R. Daves LARRY R. DAVES Colorado Legal Services, Inc. Mailing Address: P.O. Box 1026 La Junta, CO 81050 Street Address: 207 ½ Colorado Ave. La Junta, CO 81050 719-384-5438 719-384-8676 (facsimile) ldaves@pcisys.net Attorney for Plaintiff Troy Eid UNITED STATES ATTORNEY Kevin Thomas Traskos Assistant U.S. Attorney kevin.traskos@usdoj.gov s/ Stephanie Lynn F. Kiley Stephanie Lynn F. Kiley Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO 80294 Telephone: (303) 844-0815 Fax: (303) 844-0770 stephanie.fishkin.kiley@ssa.gov Attorneys for Defendant 4

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