Geist v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 8/10/2009. SS Defendants Brief due by 9/10/2009. SS Plaintiffs Reply Brief due by 9/25/2009, by Judge John L. Kane on 6/29/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00614-AP RICHARD A. GEIST, Plaintiff, v. MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Teresa H. Abbott, Esq. 3515 S. Tamarac Drive, Suite 200 Denver, CO 80237 [phone] [phone] fax [e-mail] For Defendant: David Gaouette Acting United States Attorney Kevin Thomas Traskos Deputy Chief, Civil Division District of Colorado Anthony J. Navarro Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO 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 USC 405(g). 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: 03/25/2009 Date Complaint Was Served on U.S. Attorney's Office: 04/08/2009 Date Answer and Administrative Record Were Filed: 06/08/2009

4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD Plaintiff states: The record is not complete. As the Appeals Council states at page 1 of the administrative record, it considered additional evidence submitted by Plaintiff's counsel. On 02/02/2009, Plaintiff's counsel submitted approximately 26 pages of new evidence to the Appeals Council along with a statement of the significance of that evidence. That evidence is missing from the administrative record that Defendant filed on 06/08/2009. Defendant states: The Appeals Council has been asked to supplement the administrative record with the documents referenced above by Plaintiff. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Plaintiff states: See response to # 4, above. Plaintiff requests that Defendant supplement the record with the missing evidence. Defendant states: see above 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES Plaintiff states: This case involves no unusual claims. Defendant states: This case involves no unusual claims. 7. OTHER MATTERS Plaintiff states: None.

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Defendant states: None. 8. BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: 08/10/2009 Defendant's Response Brief Due: 09/10/2009 Plaintiff's Reply Brief Due: 09/25/2009

9. STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff's Statement: Oral Argument is requested. Defendant's Statement: Oral Argument is not requested.

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE 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.

11. OTHER MATTERS THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR CONTINUANCES MUST COMPLY WITH D.C.COLO.LCivR 7.1 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 29, 2009 BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE
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APPROVED: s/ Teresa H. Abbott Teresa H. Abbott, Esq. 3515 S. Tamarac Drive, Suite 200 Denver, CO 80237 [phone] [phone] fax [e-mail] Attorney for Plaintiff David Gaouette Acting UNITED STATES ATTORNEY Kevin Thomas Traskos Deputy Chief, Civil Division District of Colorado s/ Anthony J. Navarro Anthony J. Navarro Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO 80294 Telephone: [phone] Fax: [phone] [e-mail] Attorneys for Defendant

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