David v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 7/28/2009. SS Defendants Brief due by 8/27/2009. SS Plaintiffs Reply Brief due by 9/11/2009, by Judge John L. Kane on 6/15/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00744-AP JAMES RICHARD DAVID II, Plaintiff-Appellant, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant-Appellee. ________________________________________________________________________ JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES ________________________________________________________________________ 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Robert K. Gruber, #9413 3500 South Wadsworth Blvd., Suite 215 Lakewood, Colorado 80235-2382 Telephone [phone] FAX [phone] E-mail: [e-mail] Attorney for Plaintiff-Appellant Erin V. Mckinnon 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] Sandra T. Krider Special Assistant United States Attorney 1961 Stout Street, Suite 1001A Denver, Colorado 80294 [phone] [e-mail] 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION -1-

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: April 2, 2009 B. Date Complaint Was Served on U.S. Attorney's Office: April 14, 2009 C. Date Answer and Administrative Record Were Filed: June 8, 2009 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The Administrative Records 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 There are no unusual claims or defenses in this case. 7. OTHER MATTERS There are no other matters. 8. BRIEFING SCHEDULE A. Plaintiffs Opening Brief Due: July 28, 2009 B. Defendant's Response Brief Due: August 27, 2009 C. Plaintiffs Reply Brief (If Any) Due: September 11, 2009

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9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiffs 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 this 15th day of June, 2009. BY THE COURT:

S/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: -3-

For Plaintiff: For Defendant: s/ Robert K. Gruber Robert K. Gruber 3500 South Wadsworth Blvd., Suite 215 Lakewood, Colorado 80235-2382 Telephone [phone] FAX [phone] E-mail: [e-mail] Attorney for Plaintiff-Appellant DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado [e-mail] s/ Sandra T. Krider Sandra T. Krider Special Assistant U.S. Attorney 1961 Stout Street, Suite 1001A Denver, Colorado 80294 [phone] e-mail [e-mail] Attorneys for Defendant

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