Bermudez v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 4/29/2009. SS Defendants Brief due by 6/15/2009. SS Plaintiffs Reply Brief due by 6/30/2009, by Judge John L. Kane on 3/17/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02478-AP JOSE I. BERMUDEZ, JR., 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: MICHAEL W. SECKAR 402 W. 12th Street Pueblo, CO 81003 [phone] [e-mail] 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: 11/13/08 Date Complaint Was Served on U.S. Attorney's Office: 1/02/09 Date Answer and Administrative Record Were Filed: 2/27/09

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD The partes, to the best of their knowledge, state that the administrative record is complete and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE Neither party intends to submit additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe the case raises unusual claims or defenses.

7.

OTHER MATTERS The parties have no other matters to bring to the attention of the Court.

8.

BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: 4/29/09 Defendant's Response Brief Due: 6/15/09 Plaintiff's Reply Brief (If Any) Due: 6/30/09

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9. STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff's Statement: Plaintiff does not request oral argument Defendant's Statement: Defendant does not request oral argument.

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Indicate below the parties' consent choice. A. B. ( ) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. (X) 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: March 17, 2009 BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE

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APPROVED: s/ Michael W. Seckar MICHAEL W. SECKAR 402 W. 12th Street Pueblo, CO 81003 [phone] [e-mail] Attorney for Plaintiff 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 Social Security Administration Office of the General Counsel 1961 Stout Street, Suite 1001A Denver, Colorado 80294 [phone] [e-mail] Attorneys for Defendant

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