Martinez v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 11/4/2009. SS Defendants Brief due by 12/4/2009. SS Plaintiffs Reply Brief due by 12/18/2009, by Judge John L. Kane on 9/29/09. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01583-AP ALEJANDRO MARTINEZ, 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: Kristina Vasold Sawaya, Rose & Kaplan, P.C. 1600 Odgen St. Denver, CO 80218 303.551.7701 303.962.4226 (fax) kvasold@sawayalaw.com 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: July 6, 2009 Date Complaint was Served on U.S. Attorney's Office: July 15, 2009 Date Answer and Administrative Record Were Filed: September 14, 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 social security benefits but has not yet received a ruling on the new application. 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 4, 2009 Response Brief due: December 4, 2009 Reply Brief due: December 18, 2009 STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff's Statement: The Plaintiff does not request oral argument at this time. 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 29th day of September, 2009 BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: /s Kristina Vasold Kristina Vasold Sawaya, Rose & Kaplan, P.C. 1600 Odgen St. Denver, CO 80218 303.551.7701 303.962.4226 (fax) kvasold@sawayalaw.com Attorney for Plaintiff 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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