Lapsley v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER): SS Plaintiffs Brief due by 3/12/2009. SS Defendants Brief due by 4/13/2009. SS Plaintiffs Reply Brief due by 4/28/2009, by Judge John L. Kane on 2/6/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02187-AP LISA A. LAPSLEY, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

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1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Teresa H. Abbott Colo. Atty. Reg. # 27192 ABBOTT BOLTZ, LLP 3515 S. Tamarac Drive Suite 200 Denver, CO 80237 [phone] [phone] [e-mail] Of Counsel McDIVITT LAW FIRM 19 E. Cimarron Street Colorado Springs, CO 80903 Telephone: [phone] Fax: [phone]
For Defendant:

DAVID M. GAOUETTE Acting United States Attorney
Kevin Thomas Traskos Assistant U.S. Attorney [e-mail]

Allan Berger Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO 80294 Telephone: [phone] Fax: [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 USC 405(g). 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: 10/08/2008 Date Complaint Was Served on U.S. Attorney's Office: 12/02/08 Date Answer and Administrative Record Were Filed: 01/16/08

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4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

The parties state to the best of their knowledge that the record appears to be complete. 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 state that his case does not involve 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. 9. Plaintiff's Opening Brief Due: 03/12/2009 Defendant's Response Brief Due: 04/13/2009 Plaintiff's Reply Brief Due: 04/28/2009

STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff requests oral argument. Defendant's Statement: Oral Argument is not requested.

10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE B. All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.

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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 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: February 6, 2009 BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE

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APPROVED: s/ Teresa H. Abbott Teresa H. Abbott Colo. Atty. Reg. # 27192 ABBOTT BOLTZ, LLP 3515 S. Tamarac Drive, Suite 200 Denver, CO 80237 [phone] [phone] [e-mail] Of Counsel McDIVITT LAW FIRM 19 E. Cimarron Street Colorado Springs, CO 80903 Telephone: [phone] Fax: [phone] Attorneys for Plaintiff DAVID M. GAOUETTE Acting United States Attorney Kevin Thomas Traskos Assistant U.S. Attorney [e-mail] Allan Berger Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO 80294 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Defendant

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