Harbottle v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 9/9/2009. SS Defendants Brief due by 10/9/2009. SS Plaintiffs Reply Brief due by 10/26/2009, by Judge John L. Kane on 8/3/09. (gms, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01055-AP BILL J. HARBOTTLE, Plaintiff, v. 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: Luke A. Brennan, Esq. #28557 Griff, Larson, Laiche, Brennan & Wright 422 White Ave., Ste. 323 Grand Junction, Colorado 81501 Telephone: (970) 245-8021 FAX: (970) 245-0590 luke@gllblaw.com Attorney for Plaintiff For Defendant: DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado 303-454-0184 kevin.traskos@usdoj.gov STEPHANIE LYNN F. KILEY Special Assistant United States Attorney Office of the General Counsel, Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 Telephone: (303) 844-0815 Stephanie.Kiley@ssa.gov -1- 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. Date Complaint Was Filed: B. Date Complaint Was Served on U.S. Attorney's Office: C. Date Answer and Administrative Record Were Filed: May 6, 2009 May 11, 2009 July 10, 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 do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe this case raises unusual claims or defenses. 7. OTHER MATTERS There are no other matters anticipated. -2- 8. BRIEFING SCHEDULE The parties respectfully respect the following briefing schedule: A. Plaintiffs Opening Brief Due: B. Defendant's Response Brief Due: C. Plaintiffs Reply Brief (If Any) Due: September 9, 2009 October 9, 2009 October 26, 2009 9. STATEMENT REGARDING ORAL ARGUMENT The parties do not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Plaintiff does not consent 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. -3- DATED this 3rd day of August, 2009. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: s/ Luke A. Brennan Luke A. Brennan, Esq. #28557 Griff, Larson, Laiche, Brennan & Wright 422 White Ave., Ste. 323 Grand Junction, Colorado 81501 Telephone: (970) 245-8021 FAX: (970) 245-0590 luke@gllblaw.com Attorney for Plaintiff DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado kevin.traskos@usdoj.gov s/ Stephanie Lynn F. Kiley STEPHANIE LYNN F. KILEY Special Assistant United States Attorney Office of the General Counsel, Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 Telephone: (303) 844-0815 Stephanie.Kiley@ssa.gov Attorneys for Defendant -4-

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