DeQuinze v. Astrue

Filing 14

Joint Case Management Plan for Social Security Cases (ORDER), SS Plaintiffs Brief due by 5/20/2010. SS Defendants Brief due by 6/21/2010. SS Plaintiffs Reply Brief due by 7/6/2010, by Judge John L. Kane on 3/24/10. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-2874-AP ROBERT DEQUINZE, Plaintiff, v. MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Chris R. Noel, Esq. 3000 Pearl Street, Suite 105 Boulder, Colorado 80301-2431 Telephone: (303) 449-6503 Fax: (720) 214-1836 E mail: For Defendant: David Gaouette United States Attorney Kevin Thomas Traskos Assistant U.S. Attorney Special Assistant U.S. Attorney 1961 Stout Street, Suite 1001A Denver, Colorado 80294 Telephone: (303) 844-0015; Fax: (303) 844-0770 s a n d r a . k r i d e r Attorneys for Defendant 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION The Court has jurisdiction based on section 205(g) of the Social Security Act, 42 USC 405(g). 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: 12/10/09. Date Complaint Was Served on U.S. Attorney's Office: 12/11/09 Date Answer and Administrative Record Were Filed: 3/11/10. 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD Plaintiff states: Although Plaintiff's counsel will thoroughly review the Record, the accuracy and completeness of the Administrative Record cannot be ascertained until after Plaintiff's final opening brief is drafted and filed. Defendant states: To the best of his knowledge, the record is complete. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Plaintiff states: See paragraph four above. Defendant states: None anticipated. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES Plaintiff states: Defendant was granted an extension in which to Answer to see if an early remand was possible after Defendant's consultation with the Appeals Council. Defendant states: This case does not involve unusual claims or defenses. 7. OTHER MATTERS Plaintiff states: The record appears to be complete, but a final position by Plaintiff cannot be determined until the final draft of his opening brief is filed. Defendant states: The administrative record is complete. -2- 8. BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: May 20, 2010 Defendant's Response Brief Due: June 21, 2010 Plaintiff's Reply Brief Due: July 6, 2010 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff's Statement: Oral Argument is requested if only to clarify any outstanding issues, and at the Court's behest. Defendant's Statement: Oral Argument is not requested. 10. 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. -3- 11. OTHER MATTERS THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR CONTINUANCES MUST COMPLY WITH D.C.COLO.LCivR 7.1 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 24th day of March, 2010. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: s/Chris R. Noel CHRIS R. NOEL 3000 Pearl Street, Suite 105 Boulder, Colorado 80301-2431 Telephone: (303) 449 6503 FAX: 720 214 1836 e mail: Attorney for Plaintiff Robert DeQuinze David Gaouette UNITED STATES ATTORNEY Kevin Thomas Traskos Assistant U.S. Attorney s/Sandra Krider By: Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, Colorado 80294 Telephone: (303) 844-0015 Attorneys for Defendant -4-

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