Matthews v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 6/23/2009. SS Defendants Brief due by 7/23/2009. SS Plaintiffs Reply Brief due by 8/6/2009, by Judge John L. Kane on 5/15/09. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00051-AP ______________________________________________________________________________ KAREN MATTHEWS, Plaintiff, vs. 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 719-543-8636 seckarlaw@mindspring.com For Defendant: DAVID GAOUETTE Acting United States Attorney KEVIN T. TRASKOS Deputy Chief, Civil Division 1225 Seventeenth Street, Ste 700 Denver, CO 80202 (303) 454-0100 (303) 454-0408 (facsimile) kevin.traskos@usdoj.gov ANTHONY J. NAVARRO Special Assistant United States Attorney Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 (303) 844-7278 / (303) 844-0770 (facsimile) anthony.navarro@ssa.gov 1 1. 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). 2. DATES OF FILING OF RELEVANT PLEADINGS A. Date Complaint Was Filed: B. Date Complaint Was Served on U.S. Attorney's Office: C. Date Answer and Administrative Record Were Filed: 01-13-09 02-23-09 04-24-09 3. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties, to the best of their knowledge, state that the administrative record is complete and accurate. 4. STATEMENT REGARDING ADDITIONAL EVIDENCE Neither party intends to submit additional evidence. 5. 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. 6. OTHER MATTERS The parties have no other matters to bring to the attention of the court. 7. BRIEFING SCHEDULE Because of workload and scheduling conflicts, the parties respectfully respect briefing to commence later than 40 days after the filing of this Joint Case Management Plan. Counsel for both parties agrees to the following proposed briefing schedule: A. B. C. Plaintiff's Opening Brief Due: Defendant's Response Brief Due: Plaintiff's Reply Brief (If Any) Due: 2 6-23-09 7-23-09 8-06-09 8. STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff's Statement: Plaintiff does not request oral argument. Defendant's Statement: Defendant does not request oral argument. 9. 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. 10. 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. 11. 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: May 15, 2009 BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: For Plaintiff: s/ Michael W. Seckar MICHAEL W. SECKAR 402 W. 12th Street Pueblo, CO 81003 719-543-8636 seckarlaw@mindspring.com Attorney for Plaintiff For Defendant: DAVID GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division Unities States Attorney's Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0184 Facsimile: (303) 454-0400 Kevin.Traskos@usdoj.gov By: s/Anthony Navarro Special Assistant United States Attorney Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 (303) 844-7278 (303) 844-0770 (facsimile) anthony.navarro@ssa.gov 4

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