Hudson v. Astrue

Filing 15

Joint Case Management Plan for Social Security Caes (ORDER) SS Plaintiffs Brief due by 4/17/2009. SS Defendants Brief due by 5/18/2009. SS Plaintiffs Reply Brief due by 6/6/2009, by Judge John L. Kane on 3/13/09. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 08-cv-02766-AP ROBERT L. HUDSON, 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 Defendant: DAVID M. GAOUETTE Acting United States Attorney Kevin T. Traskos Assistant United States Attorney Thomas Henry Kraus Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 (303) 844-0017 tom.kraus@ssa.gov For Plaintiff: Will Dawson, Esq. 2546 15th Street Denver, CO 80211 303-455-0400 williamdawson@gmail.com Jay Barnes Myler Disability Law P.O. Box 127 Lehi, Utah 84043 866-770-6497 jayb@mylerdisability.com 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: 12/19/08. B. Date Complaint Was Served on U.S. Attorney's Office: 12/22/08. C. Date Answer and Administrative Record Were Filed: 02/20/09. 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties, 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 Counsel for both parties agree to the following proposed briefing schedule: A. B. C. 9. Plaintiff's Opening Brief Due Defendant's Response Brief Due Plaintiff's Reply Brief (If Any) Due April 17, 2009 May 18, 2009 June 6, 2009 STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintifff does not request oral argument. Defendant does not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Indicate below the parties' consent choice. A. (X) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. B. () All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge. OTHER MATTERS 11. 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 13th day of March, 2009. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: s/ Jay Barnes Will Dawson, Esq. 2546 15th Street Denver, CO 80211 303-455-0400 E-mail:williamdawson@gmail.com Jay Barnes Myler Disability Law P.O. Box 127 Lehi, Utah 84043 866-770-6497 jayb@mylerdisability.com 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 By: s/ Thomas H. Kraus Thomas Henry Kraus Assistant Regional Counsel 1961 Stout Street, Suite 1001A Denver, Colorado 80294 Telephone: (303) 844-0017 tom.kraus@ssa.gov Attorneys for Defendant.

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