Smith v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 6/29/2009. SS Defendants Brief due by 7/29/2009. SS Plaintiffs Reply Brief due by 8/13/2009, by Judge John L. Kane on 5/15/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-333-AP TIM E. SMITH, 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: William E. Benjamin 5350 Manhattan Circle, Suite 105 Boulder, CO 80303 Telephone [phone] FAX [phone] E-mail: [e-mail] For Defendant: DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado [e-mail] THOMAS H. KRAUS Assistant Regional Counsel SSA/OGC, Region VIII - Denver 1961 Stout Street, Suite 1001A Denver, Colorado 80294 Telephone [phone] FAX [phone] [e-mail]

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: February 17, 2009 B. Date Complaint Was Served on U.S. Attorney's Office: February 27, 2009 C. Date Answer and Administrative Record Were Filed: April 27, 2009 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties, to the best of their knowledge, state that the Administrative Record appears to be 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, to the best of their knowledge, state that they are not aware of any unusual claims or defenses in this case. 7. OTHER MATTERS The parties state that there are no other matters. 8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: June 29, 2009 B. Defendant's Response Brief Due: July 29, 2009 C. Plaintiff's Reply Brief (If Any) Due: August 13, 2009

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9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's Statement: Plaintiff does not request oral argument. B. Defendant's Statement: Defendant does not request oral argument 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: May 15, 2009 BY THE COURT:

S/John L. Kane U.S. DISTRICT COURT JUDGE

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APPROVED: For Plaintiff: s/ William E. Benjamin 05/14/2009 William E. Benjamin 5350 Manhattan Circle, Suite 105 Boulder, CO 80303 Telephone [phone] FAX [phone] E-mail: [e-mail] Attorney for Plaintiff For Defendant: DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado [e-mail] s/Thomas M. Kraus 5/14/2009 Thomas M. Kraus Assistant Regional Counsel SSA/OGC, Region VIII - Denver 1961 Stout Street, Suite 1001A Denver, Colorado 80294 Telephone [phone] FAX [phone] E-mail: [e-mail] Attorneys for Defendant

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