Carter v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 7/9/2009. SS Defendants Brief due by 8/10/2009. SS Plaintiffs Reply Brief due by 8/24/2009 by Judge John L. Kane on 6/2/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 09-cv-00505-AP

PAULINE CARTER, 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: Frederick W. Newall #10269, Esq. 730 N. Weber, #101 Colorado Springs, CO 80903 Telephone [phone] [e-mail] For Defendant: DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Assistant U.S. Attorney Deputy Chief, Civil Division United States Attorney's Office District of Colorado [e-mail] STEPHANIE LYNN F. KILEY Special Assistant U. S. Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 Telephone: [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. B. C. 4. Date Complaint Was Filed: March 9, 2009

Date Complaint Was Served on U.S. Attorney's Office: March 13, 2009 Date Answer and Administrative Record Were Filed: May 11, 2009

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

Plaintiff states: Although counsel has undertaken a timely review of the record, the accuracy and completeness of the Administrative Record cannot be verified until after the Plaintiff's Opening brief is filed. Defendant states: to the best of counsel's knowledge, the administrative record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Plaintiff states: See Plaintiff's statement in paragraph 4, above. Defendant states: None anticipated. 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.

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7.

OTHER MATTERS None.

8.

BRIEFING SCHEDULE A. B. C. Plaintiffs Opening Brief Due: July 9, 2009 August 10, 2009 August 24, 2009

Defendant's Response Brief Due: Plaintiffs Reply Brief (If Any) Due:

9.

STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiffs Statement: Plaintiff does not request oral argument. Defendant's Statement: Defendant does 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.

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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 2, 2009 BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE

APPROVED:

s/Frederick W. Newall FREDERICK W. NEWALL 730 N. Weber, #101 Colorado Springs, CO 80903 [phone] [e-mail] Attorney for Plaintiff

DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Assistant U.S. Attorney Deputy Chief, Civil Division United States Attorney's Office District of Colorado [e-mail]

By: s/Stephanie Lynn F. Kiley STEPHANIE LYNN F. KILEY Special Assistant United States Attorney 1961 Stout Street, Suite 1001A Denver, Colorado 80294 Telephone: [phone] [e-mail] Attorneys for Defendant.

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