Gross v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER), SS Plaintiffs Brief due by 10/21/2009. SS Defendants Brief due by 11/20/2009. SS Plaintiffs Reply Brief due by 12/7/2009, by Judge John L. Kane on 9/22/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01452-AP JACKIE GROSS, 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:
GAIL C. HARRISS

Dawes and Harriss, P.C. 572 East Third Avenue Durango, Colorado 81301 Telephone: [phone] FAX: [phone] [e-mail] Attorney for Plaintiff

For Defendant: DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado 303-454-0184 [e-mail] 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: [phone] [e-mail] -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: June 19, 2009 June 30, 2009 August 31, 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.

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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: October 21, 2009 November 20, 2009 December 7, 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.

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DATED this 22nd day of September, 2009.

BY THE COURT:

s/John L. Kane _____

U.S. DISTRICT COURT JUDGE

APPROVED: s/ Gail C. Harriss
GAIL C. HARRISS

DAVID M. GAOUETTE Acting United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado 303-454-0184 [e-mail] 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: [phone] [e-mail] Attorneys for Defendant

Dawes and Harris, P.C. 572 East Third Avenue Durango, Colorado 81301 Telephone: [phone] FAX: [phone] [e-mail] Attorney for Plaintiff

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