Mulvey v. Astrue

Filing 8

Joint Case Management Plan (ORDER) SS Plaintiffs Brief due by 9/8/2009. SS Defendants Brief due by 10/8/2009. SS Plaintiffs Reply Brief due by 10/23/2009, by Judge John L. Kane on 7/29/09. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01012-AP EDWARD H. MULVEY, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. JOINT CASE MANAGEMENT PLAN 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES 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] KRISTI J. DENNEY Special Assistant U. S. Attorney 1961 Stout Street, Suite 1001A Denver, CO 80294 Telephone: [phone] Facsimile: [phone] [e-mail]

For Plaintiff: RICK P. SAUER 700 Macon Ave. Caņon City, CO 81212 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 U.S.C. 405(g).

3.

DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: May 1, 2009 Date Complaint Was Served on U.S. Attorney's Office: May 13, 2009 Date Answer and Administrative Record Were Filed: July 9, 2009

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties, to the best of their knowledge, state that the administrative record is complete and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE The parties will not submit additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe the case raises unusual claims or defenses.

7.

OTHER MATTERS The parties have no other matters to bring to the attention of the court.

8.

BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: Defendant's Response Brief Due: September 8, 2009 October 8, 2009

Plaintiff's Reply Brief (If Any) Due: October 23, 2009

9.

STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's Statement: Plaintiff does not request oral argument. 2

B. 10.

Defendant's Statement: Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Indicate below the parties' consent choice. A. B. ( X ) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. ( ) All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge.

11.

OTHER MATTERS Parties filing motions for extension of time or continuances must comply with D.C.Colo.LCivR 7.1(A) by conferring, or making reasonable, good faith efforts to confer, with opposing counsel or pro se party before filing the motion.

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 29th day of July, 2009. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE

APPROVED: For Plaintiff: s/ Rick P. Sauer RICK P. SAUER 700 Macon Ave. Caņon City, CO 81212 Telephone: [phone] FAX: [phone] [e-mail] 3

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] By: s/ Kristi J. Denney Kristi J. Denney Special Assistant United States Attorney Social Security Administration 1961 Stout Street, Suite 1001A Denver, Colorado 80294 [phone] [phone] (facsimile) [e-mail]

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