Vigil v. Astrue

Filing 13

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 2/3/2010. SS Defendants Brief due by 3/5/2010. SS Plaintiffs Reply Brief due by 3/19/2010, by Judge John L. Kane on 1/4/10. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01863-JLK VANESSA VIGIL, Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL For Plaintiff: Michael A. Desaulniers 402 W. 12th Street Pueblo, CO 81003 Phone: 719-543-8636 Fax: 719-543-8403 seckarlaw@mindspring.com For Defendant: DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado kevin.traskos@usdoj.gov ANTHONY J. NAVARRO Special Assistant United States Attorney 1961 Stout Street, Suite 10001A Denver, CO 80294 (303) 844-7278 anthony.navarro@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. B. C. Date Complaint Was Filed: August 6, 2009. Date Complaint Was Served on U.S. Attorney's Office: September 30, 2009. Date Answer Was Filed: December 14, 2009. 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The record appears to be adequate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not currently intend to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES This case does not appear to present unusual claims or defenses. 7. OTHER MATTERS None at this time 8. BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: February 3, 2010. Defendant's Response Brief Due: March 5, 2010. Plaintiff's Reply Brief Due (if any): March 19, 2010. 2 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's Statement: Plaintiff does not request oral argument B. Defendant's Statement: Defendant does not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE 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 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 4th day of January, 2010. BY THE COURT: s/John L. Kane United States District Court Judge APPROVED: For Plaintiff: s/ Michael A. Desaulniers Michael A. Desaulniers Attorney for Plaintiff For Defendant: s/ Anthony J. Navarro Anthony J. Navarro Special Assistant U.S. Attorney Attorney for Defendant 3

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