Stumbaugh v. Astrue

Filing 9

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 2/15/2010. SS Defendants Brief due by 3/17/2010. SS Plaintiffs Reply Brief due by 4/1/2010, by Judge John L. Kane on 1/7/10. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02435-AP STANLEY O. STUMBAUGH, 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:
Francis K. Culkin Attorney at Law 3801 East Florida Avenue, Suite 400 Denver, Colorado 80210 Telephone: [phone] E-mail: [e-mail]

For Defendant:
Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1961 Stout Street, Suite 1001A Denver, Colorado 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 RELEVANT PLEADINGS

A. B. C. 4.

Date Complaint Was Filed: 10/14/2009 Date Complaint was Served on U.S. Attorney's Office: 10/15/2009 Date Answer and Administrative Record Were Filed: 12/15/2009

STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties believe the administrative record is complete.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not have any additional evidence to submit.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES This case does not raise unusual claims or defenses.

7.

OTHER MATTERS None.

8.

BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: Defendant's Answer Brief Due: February 15, 2010 March 17, 2010

Plaintiff's Reply Brief (if any) Due: April 1, 2010

9.

STATEMENTS REGARDING ORAL ARGUMENT

A. Plaintiff's Statement: Plaintiff believes that oral argument would assist the Court in making a just determination in this matter. B. argument. 10. Defendant's Statement: Defendant does not request oral

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.

2

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 7th day of January, 2010. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: /s/ Francis K. Culkin Francis K. Culkin, No. 2969
Attorney for Defendant 3801 East Florida Ave., Ste 400 Denver, CO 80210 Telephone: [phone] E-mail: [e-mail]

UNITED STATES ATTORNEY By: /s/ Stephanie Lynn F. Kiley Stephanie Lynn F. Kiley
Special Assistant U.S. Attorney 1961 Stout St., Ste 1001A Denver, CO 80294 Telephone: [phone] E-mail: [e-mail] United States Attorney's Office 1225 Seventeenth Street, Suite 700 Denver, CO 80202 Telephone: [phone]

3