Del Toro v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 5/8/2009. SS Defendants Brief due by 6/15/2009. SS Plaintiffs Reply Brief due by 6/26/2009, by Judge John L. Kane on 3/18/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02765-AP Reynaldo Del Toro, 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: Tracy Stewart Stewart Law Offices, PC 123 N. College Ave. Ste. 200 Fort Collins, CO 80254 970.402.9584 866.224.4944 (fax) [e-mail] 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 303.844.0015
303.844.0770 (fax) [e-mail]

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).

3.

DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: December 19, 2008 Date Complaint was Served on U.S. Attorney's Office: January 2, 2009 Date Answer and Administrative Record Were Filed: February 27, 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 request 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: May 8, 2009 Response Brief due: June 15, 2009 Reply Brief due: June 26, 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.

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10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE 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 18, 2009 BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE

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APPROVED: /s Tracy Stewart Tracy Stewart Stewart Law Offices, PC 123 N. College Ave. Ste. 200 Fort Collins, CO 80254 970.402.9584 866.224.4944 (fax) [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 [e-mail] /s Sandra T.Krider Sandra T. Krider Special Assistant United States Attorney 1961 Stout Street, Suite 1001-A Denver, CO 80294 303.844.0015 303.844.0770 (fax) [e-mail] Attorneys for Defendant

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