Wamsley v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 5/14/2010. SS Defendants Brief due by 6/21/2010. SS Plaintiffs Reply Brief due by 7/6/2010, by Judge John L. Kane on 3/19/10. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02811-AP KATIE L. WAMSLEY, 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: Patrick C. H. Spencer, II Spencer & Spencer, P.C. 830 Tenderfoot Hill Road, Suite 320 Colorado Springs, CO 80906 719.632.4808 719.632.4807 (fax) [e-mail] For Defendant: Sandra T. 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: December 2, 2009 Date Complaint was Served on U.S. Attorney's Office: December 31, 2009 Date Answer and Administrative Record Were Filed: March 2, 2010

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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 at this time. 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. B. C. Plaintiff's Opening Brief: May 14, 2010 Response Brief due: June 21, 2010 Reply Brief due: July 6, 2010

The parties jointly request a briefing schedule outside the dates of the recommended schedule due to conflicts with other workload and scheduled vacations. 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff's Statement: The Plaintiff does not request oral argument. Defendant's Statement: The Defendant does not request oral argument.

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: March 19, 2010 BY THE COURT: s/John L. Kane _________ U.S. DISTRICT COURT JUDGE

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APPROVED: /s Patrick C.H. Spencer, II Patrick C. H. Spencer, II Spencer & Spencer, P.C. 830 Tenderfoot Hill Road, Suite 320 Colorado Springs, CO 80906 719.632.4808 719.632.4807 (fax) [e-mail]

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

Attorney for Plaintiff

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