Husley v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 7/24/2009. SS Defendants Brief due by 8/24/2009. SS Plaintiffs Reply Brief due by 9/8/2009, by Judge John L. Kane on 6/11/09. (gms, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00451-AP MAX L. HULSEY, 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: Rick P. Sauer 700 Macon Ave. Caņon City, CO 81212 Telephone: 719/275-7591 FAX: 719/275-6165 E-mail: rps@bresnan.net For Defendant: David M. Gaouette Acting United States Attorney Kevin Traskos Assistant United States Attorney Deputy Chief, Civil Division United States Attorney's Office District of Colorado kevin.traskos@usdoj.gov Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 Telephone: (303) 844-0815 stephanie.kiley@ssa.gov 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. B. C. 4. Date Complaint Was Filed: March 4, 2009 Date Complaint Was Served on U.S. Attorney's Office: March 30, 2009 Date Answer and Administrative Record Were Filed: May 18, 2009 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 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, do not believe this case raises unusual claims or defenses. 7. OTHER MATTERS None. 8. BRIEFING SCHEDULE A. B. C. Plaintiffs Opening Brief Due: Defendant's Response Brief Due: Plaintiffs Reply Brief (If Any) Due: July 24, 2009 August 24, 2009 September 8, 2009 -2- 9. STATEMENT REGARDING ORAL ARGUMENT The parties do not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE All parties have 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: June 11, 2009 BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE -3- APPROVED: DAVID M. GAOUETTE s/ Rick Sauer Rick P. Sauer 700 Macon Ave. Caņon City, CO 81212 Telephone: 719/275-7591 FAX: 719/275-6165 E-mail: rps@bresnan.net Attorney for Plaintiff By: s/Stephanie Lynn F. Kiley STEPHANIE LYNN F. KILEY Special Assistant United States Attorney 1961 Stout Street, Suite 1001A Denver, Colorado 80294 Telephone: (303) 844-0815 Stephanie.kiley@ssa.gov Attorneys for Defendant. Acting United States Attorney KEVIN TRASKOS Assistant U.S. Attorney Deputy Chief, Civil Division United States Attorney's Office District of Colorado Kevin.Traskos@usdoj.gov -4-

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