McLeod v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER ): SS Plaintiffs Brief due by 1/8/2010. SS Defendants Brief due by 2/8/2010. SS Plaintiffs Reply Brief due by 2/22/2010, by Judge John L. Kane on 11/10/09. (gms, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02018-AP DIANE J. MCLEOD 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 Luke A. Brennan, Esq. #28557 Griff, Larson, Laiche, Brennan & Wright 422 White Ave., Ste. 323 Grand Junction, Colorado 81501 Telephone: [phone] FAX: [phone] For Defendant David M. Gaouette United States Attorney Kevin Traskos Deputy Chief, Civil Division United States Attorney's Office District of Colorado 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Telephone: [phone] E-Mail: [e-mail] Stephanie Lynn F. Kiley Special Assistant United States Attorney Assistant Regional Counsel, Region VIII Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 Telephone: [phone] E-Mail: [e-mail]

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: May 6, 2009 B. Date Complaint was Served on U.S. Attorney's Office: August 28, 2009 C. Date Answer and Administrative Record were Filed: November 2, 2009 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The administrative record appears complete. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Neither party intends to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties do not believe this case raises unusual claims. 7. OTHER MATTERS There are none. 8. BRIEFING SCHEDULE Plaintiff's Opening Brief Due: January 8, 2010 Defendant's Response Brief Due: February 8, 2010 Plaintiff's Reply Brief Due: February 22, 2010 9. STATEMENTS REGARDING ORAL ARGUMENT Neither party requests 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. B. (x) 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 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: November 10, 2009 BY THE COURT:

s/John L. Kane U.S. DISTRICT COURT JUDGE

APPROVED:

UNITED STATES ATTORNEY s/ Luke A. Brennan Luke A. Brennan 422 White Avenue, Suite 323 Grand Junction, Colorado 81501 Telephone: [phone] E-mail: [e-mail] Attorney for Plaintiff s/Stephanie Lynn F. Kiley Stephanie Lynn F. Kiley Special Assistant United States Attorney Assistant Regional Counsel, Region VIII Social Security Administration 1961 Stout Street, Suite 1001A Denver, CO 80294 Telephone: [phone] E-Mail: [e-mail] Attorneys for Defendant David M. Gaouette United States Attorney Kevin Traskos Deputy Chief, Civil Division United States Attorney's Office District of Colorado