Spaulding v. Astrue et al

Filing 16

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 11/19/2009. SS Defendants Brief due by 12/21/2009. SS Plaintiffs Reply Brief due by 1/5/2010, by Judge John L. Kane on 10/19/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-00781-AP WENDY SPAULDING, 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: Nicholas D. Purifoy Midland Professional Associates 5020 Bob Billings Parkway Lawrence, KS 66049 785.832.8521 785.832.0006 (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: August 5, 2009 Date Answer and Administrative Record Were Filed: September 30, 2009

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

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

The Plaintiff has not submitted nor does he intend to submit any additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES

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

The Plaintiff has no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE A. B. C. 9. Plaintiff's Opening Brief: November 19, 2009 Response Brief due: December 21, 2009 Reply Brief due: January 5, 2010

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

10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. () All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge.

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B. 11.

(X) All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.

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: October 19, 2009 BY THE COURT: s/John L. Kane ___________ U.S. DISTRICT COURT JUDGE

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APPROVED: /s Nicholas D. Purifoy Nicholas D. Purifoy Midland Professional Associates 5020 Bob Billings Parkway Lawrence, KS 66049 785.832.8521 785.832.0006 (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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