Salas v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 1/13/2010. SS Defendants Brief due by 2/12/2010. SS Plaintiffs Reply Brief due by 3/1/2010. By Judge John L. Kane on 11/17/2009. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-01916-AP ROY J. SALAS, 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: Virginia L. Card Smith 1763 Franklin Street Denver, CO 80218-1124 303.394.9945 303.832.6947 (fax) [e-mail] 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) [e-mail] 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).

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DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: August 12, 2009 Date Complaint was Served on U.S. Attorney's Office: August 31, 2009 Date Answer and Administrative Record Were Filed: October 28, 2009

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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 to submit any additional evidence. 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. Plaintiff's Opening Brief: January 13, 2010 Due to the intervening holiday season, Plaintiff's counsel requests a due date outside the traditional 40 days. Defendant's counsel does not object to this request. B. C. 9. Response Brief due: February 12, 2010 Reply Brief due: March 1, 2010

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.

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CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE

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A. B. 11.

() All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. (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 17th day of November, 2009 BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE

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APPROVED: /s Virginia L. Card Smith Virginia L. Card Smith 1763 Franklin Street Denver, CO 80218-1124 303.394.9945 303.832.6947 (fax) [e-mail] Attorney for Plaintiff

DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado [e-mail] /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) [e-mail] Attorneys for Defendant

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