Martinez v. Astrue

Filing 7

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 5/8/2009. SS Defendants Brief due by 6/8/2009. SS Plaintiffs Reply Brief due by 6/23/2009, by Judge John L. Kane on 3/10/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02664-AP GILBERT W. MARTINEZ, v. Plaintiff,

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: Kenneth J. Shakeshaft 1530 South Tejon Street Colorado Springs, CO 80905 [phone] For Defendant: Sandra Krider Special Assistant United States Attorney Assistant Regional Counsel Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 1001-A Denver, CO 80294 [phone] 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

This is a Social Security appeal. The Court has jurisdiction pursuant to 42 U.S.C. 405(g).

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3.

DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: December 8, 2008 Date Complaint was Served on U.S. Attorney's Office: December 22, 2008 Date Answer and Administrative Record Were Filed: February 19, 2009

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

It appears the Administrative Record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE

The Plaintiff has not submitted nor does he intend to submit any additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES This case does not provide any unusual claims or defenses. 7. OTHER MATTERS

The Plaintiff has no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE

Due to workload, Defendant's attorney requests that briefing commence later than 40 days after filing of this joint case management plan. Counsel for both parties have conferred and agreed upon the following proposed briefing schedule: A. B. C. 9. Plaintiff's Opening Brief: Due May 8, 2009 Response Brief due: June 8, 2009 Reply Brief due: June 23, 2009

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

10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. () All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge.

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B. 11.

(X) All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.

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 10th day of March, 2009 BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: s/Kenneth J. Shakeshaft Kenneth J. Shakeshaft, #12618 1530 South Tejon Street Colorado Springs, CO 80905 [e-mail] Telephone: [phone] Attorney for Plaintiff UNITED STATES ATTORNEY /s Sandra T. Krider By: Sandra T. Krider Special Assistant United States Attorney Social Security Administration 1961 Stout Street, Suite 1001-A Denver, CO 80294 [e-mail] Telephone: [phone] Attorney for Defendant

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