Masse v. Astrue

Filing 9

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 12/31/2009. SS Defendants Brief due by 2/2/2010. SS Plaintiffs Reply Brief due by 2/17/2010, by Judge John L. Kane on 11/30/09. (gmssl, ) Modified on 12/1/2009 to correct the date signed (gms, ).

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 09-cv-02079-AP JAN E. MASSE, Formerly known as JAN E. SALLINGER
Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ______________________________________________________________________________ JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES ______________________________________________________________________________ 1. APPEARANCES OF COUNSEL For Plaintiff: Ann J. Atkinson 7960 South Ireland Way Aurora, CO 80016 303-680-1881 [e-mail] For Defendant: DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Assistant United States Attorney United States Attorney's Office Deputy Chief, Civil Division District of Colorado [e-mail] Debra J. Meachum Special Assistant United States Attorney 1961 Stout Street, Suite 1001A Denver, Colorado 80294 Telephone: [phone] [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: 8/31/09. B. Date Complaint Was Served on U.S. Attorney's Office: 9/10/09. C. Date Answer and Administrative Record Were Filed: 11/10/09.

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 Neither party intends to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe the case raises unusual claims or defenses. 7. OTHER MATTERS The parties have no other matters to bring to the attention of the court. 8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: 12/31/09. B. Defendant's Response Brief Due: 2/2/10. C. Plaintiff's Reply Brief (If Any) Due: 2/17/10. 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff's Statement: Plaintiff does not request oral argument. Defendant's Statement: Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. B. ( ) 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.

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 30th day of November, 2009. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE

APPROVED: For Plaintiff: s/Ann J. Atkinson Ann J. Atkinson 7960 South Ireland Way Aurora, CO 80016 303-680-1881 [e-mail] For Defendant: DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Assistant United States Attorney 1225 Seventeenth Street, Suite 700 Denver, Colorado 80202 [phone] [phone] (facsimile) s/Debra J. Meachum By: Debra J. Meachum Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, Ste. 1001A Denver, Colorado 80294 [phone] [e-mail]