Corona v. Astrue

Filing 11

Joint Case Management Plan (ORDER) SS Plaintiffs Brief due by 3/8/2010. SS Defendants Brief due by 4/13/2010. SS Plaintiffs Reply Brief due by 4/28/2010, by Judge John L. Kane on 2/1/10. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02439-AP AUGUSTINE J. CORONA, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. JOINT CASE MANAGEMENT PLAN 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Defendant: MICHAEL W. SECKAR 402 W. 12th Street Pueblo, CO 81003 Telephone: [phone] FAX: [phone] [e-mail] DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado KRISTI J. DENNEY Special Assistant U. S. Attorney 1961 Stout Street, Suite 1001A Denver, CO 80294 Telephone: [phone] Facsimile: [phone] [e-mail]

For Plaintiff:

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: October 15, 2009 Date Complaint Was Served on U.S. Attorney's Office: November 6, 2009 Date Answer and Administrative Record Were Filed: January 11, 2010

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 At this time, the parties do not know of any additional evidence they intend to submit.

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.

PROPOSED BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: Defendant's Response Brief Due: March 8, 2010 April 13, 2010

Plaintiff's Reply Brief (If Any) Due: April 28, 2010

9.

STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's Statement: Plaintiff does not request oral argument. 2

B. 10.

Defendant's Statement: Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Indicate below the parties' consent choice. 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 Parties filing motions for extension of time or continuances must comply with D.C.Colo.LCivR 7.1(A) by conferring, or making reasonable, good faith efforts to confer, with opposing counsel or pro se party before filing the motion.

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 1st day of February, 2010. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE

APPROVED: For Plaintiff: s/ Michael W. Seckar (with permission) Michael W. Seckar, No. 12011 402 W. 12th Street Pueblo, CO 81003 Telephone: [phone] FAX: [phone] E-mail: [e-mail] 3

For Defendant: DAVID M. GAOUETTE United States Attorney KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney's Office District of Colorado By: s/ Kristi J. Denney Kristi J. Denney Special Assistant United States Attorney Social Security Administration 1961 Stout Street, Suite 1001A Denver, Colorado 80294 [phone] [phone] (facsimile) [e-mail]

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