Van Sant v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 10/26/2009. SS Defendants Brief due by 11/25/2009. SS Plaintiffs Reply Brief due by 12/10/2009, by Judge John L. Kane on 9/10/09. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01405-AP DANIEL VAN SANT, 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: Allison Tyler 1771 S. 8th St. Colorado Springs, CO 80905 719.520.5690 719.578.5192 (fax) allisontyler@earthlink.net 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) sandra.krider@ssa.gov 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). 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: June 16, 2009 Date Complaint was Served on U.S. Attorney's Office: June 28, 2009 Date Answer and Administrative Record Were Filed: August 27, 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 at this time to submit any additional evidence. Plaintiff has filed a new application for SSI, and that application is still pending at ODAR. 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 parties have no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE A. B. C. 9. Plaintiff's Opening Brief: October 26, 2009 Response Brief due: November 25, 2009 Reply Brief due: December 10, 2009 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. 2 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 this 10th day of September, 2009 BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: /s Allison Tyler Allison Tyler 1771 S. 8th St. Colorado Springs, CO 80905 719.520.5690 719.578.5192 (fax) allisontyler@earthlink.net DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado Kevin.Traskos@usdoj.gov /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) sandra.krider@ssa.gov Attorneys for Defendant 4

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