Rodman v. Commissioner of Social Security

Filing 24

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 11/17/2009. SS Defendants Brief due by 12/17/2009. SS Plaintiffs Reply Brief due by 1/11/2010, by Judge John L. Kane on 9/30/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00770-AP MICHAEL G. RODMAN, v. Plaintiff,

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: Gordon W. Williams 143 Union Blvd., Suite 270 Lakewood, CO 80228 303.988.2841 303.988.0445 (fax) [e-mail] For Defendant: Sandra Krider Special Assistant United States Attorney Assistant Regional Counsel Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 1001-A Denver, CO 80294 303.844.0015 303.844.0770 (fax) [e-mail] 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

This is a Social Security appeal. The Court has jurisdiction pursuant to 42 U.S.C. 405(g).

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DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: April 6, 2009 Date Complaint was Served on U.S. Attorney's Office: June 16, 2009 Date Answer and Administrative Record Were Filed: September 18, 2009

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STATEMENT REGARDING THE ADEQUACY OF THE RECORD

It appears the Administrative Record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE

Plaintiff intends to submit the census code (census code 896: production workers, all others) for all of the occupations classified in the light work exertional category that the vocational expert claims that Plaintiff could do. Plaintiff will also be asking the court to take judicial notice of the documents cited in his complaint. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES

This case does not provide any unusual claims or defenses. 7. OTHER MATTERS

Plaintiff does not have any other matters to raise at this time. However, Plaintiff has filed a new application for social security benefits. He has not yet received a ruling on the new application. 8. PROPOSED BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief: November 17, 2009 Response Brief due: December 17, 2009 Reply Brief due: January 11, 2010

The parties have agreed to extend the deadline for the reply brief past the traditional 15 days (which would have had the reply due on January 4, 2009) due to the intervening Christmas and New Year's holidays. 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff's Statement: The Plaintiff does not request oral argument at this time. Defendant's Statement: The Defendant does not request oral argument. 2

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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.

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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 30th day of September, 2009 BY THE COURT: s/John L. Kane________ U.S. DISTRICT COURT JUDGE

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APPROVED: /s Gordon W. Williams Gordon W. Williams 143 Union Blvd., Suite 270 Lakewood, CO 80228 303.988.2841 303.988.0445 (fax) [e-mail] Attorney for Plaintiff

DAVID M. GAOUETTE 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 United States Attorney 1961 Stout Street, Suite 1001-A Denver, CO 80294 303.844.0015 303.844.0770 (fax) [e-mail] Attorneys for Defendant

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