Cordova v. Astrue

Filing 28

Joint Case Management Plan for Social Security Cases (ORDER ) SS Plaintiffs Brief due by 10/20/2010. SS Defendants Brief due by 11/22/2010. SS Plaintiffs Reply Brief due by 12/6/2010, by Judge John L. Kane on 8/31/10. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-264-AP EDNA CORDOVA Plaintiff, v. MICHAEL J ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPERANCES OF COUNEL AND PRO SE PARTIES For Plaintiff: Paul Radosevich, #12485 1621 York Denver, CO. 80206 (303) 377-1300 Attorney for Plaintiff E-mail: Presq@att.net For Defendant: DAVID M. GAOUETTE United States Attorney Kevin Thomas Traskos Deputy Chief, Civil Division Kevin.Traskos@usdoj.gov Debra J. Meachum Special Assistant U.S. Attorney Office of the General Counsel 1961 Stout St., Suite 1001A Denver, CO. 80294 Telephone: (303) 844-0017 Debra.meachum@ssa.gov 2. STATEMENT OF LEAGAL 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: 2/1/2010. Date Complaint Was Served on U.S. Attorney's Office: 2/17/2010. Date Answer and Administrative Record Were Filed: 8/9/2010. 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 finally 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: This case involves no unusual claims 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: To the best of his knowledge, there are no other matters. 8. BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief Due: 10/20/2010. Defendant's Response Brief Due: 11/22/2010. Plaintiff's Reply Brief Due: 12/6/2010. 2 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. ( ) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. B. (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 BY SUBMITTING PROFF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON THE MOVING ATTORNEYS 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 31st day of August, 2010 BY THE COURT: s/John L. Kane___________ U.S. DISTRICT COURT JUDGE APPROVED: 3 /s/ Paul Radosevich: Paul Radosevich 1621 York Street Denver, CO. 80206 (303) 377-1300 Attorney for Plaintiff E mail: Presq@att.net DAVID M. GAOUETTE United States Attorney Kevin Thomas Traskos Deputy Chief, Civil Division Kevin.traskos@usdoj.gov s/Debra Meachum Debra Meachum Special Assistant U.S. Attorney 1961 Stout St., Suite 1001A Denver, CO. 80294 Telephone: (303) 844-2149 Fax: (303) 844-0770 Debra.meachum.ssa.gov Attorneys for Defendant 4

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