Mihelich-Herrera v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 3/23/2009. SS Defendants Brief due by 4/22/2009. SS Plaintiffs Reply Brief due by 5/6/2009, by Judge John L. Kane on 2/9/09. (gms, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02490-AP DIEDRE D. MIHELICH-HERRERA, 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: Patrick C.H. Spencer, II Attorney for Plaintiff Spencer & Spencer 830 Tenderfoot Hill Road, Suite 320 Colorado Springs, CO 80906 719-632-4808 patrick@2spencers.com For Defendant: DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado Kevin.Traskos@usdoj.gov Debra J. Meachum Sandra Krider Special Assistant United States Attorneys 1961 Stout Street, Suite 1001A Denver, Colorado 80294 (303) 844-1570 (303) 844-0770 (facsimile) debra.meachum@ssa.gov sandra.krider@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. Date Complaint Was Filed: 11/17/08 B. Date Complaint Was Served on U.S. Attorney's Office: 11/20/08 C. Date Answer and Administrative Record Were Filed: 1/20/09 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD To the best of their knowledge, the parties state that 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 The parties state that this case does not raise unusual claims or defenses. 7. OTHER MATTERS The parties state that there are no other matters. 8. BRIEFING SCHEDULE A. Plaintiffs Opening Brief Due: 3/23/09 B. Defendant's Response Brief Due: 4/22/09 C. Plaintiffs Reply Brief (If Any) Due: 5/6/09 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiffs Statement: Plaintiff does not request oral argument B. Defendant's Statement: Defendant does not request oral argument -2- 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 9th day of February, 2009. BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: For Plaintiff: s/ Patrick C.H. Spencer, II Patrick C.H. Spencer, II Spencer & Spencer 830 Tenderfoot Hill Road, Suite 320 Colorado Springs, CO 80906 719-632-4808 patrick@2spencers.com For Defendant: DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado Kevin.Traskos@usdoj.gov s/ Debra J. Meachum Debra J. Meachum Special Assistant U.S. Attorney 1961 Stout Street, Suite 1001A Denver, Colorado 80294 (303) 844-1570 Debra.meachum@ssa.gov 4

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