Elliot v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 11/12/2010. SS Defendants Brief due by 12/13/2010. SS Plaintiffs Reply Brief due by 12/28/2010, by Judge John L. Kane on 09/27/2010. (sah, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 10-cv-01548-AP ERIN ELLIOTT on behalf of WILLIAM ELLIOTT, deceased, 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: ANN J. ATKINSON Attorney at Law 7960 S. Ireland Way Aurora, CO 80016-1904 Tele: 303-680-1881 Fax: [phone] [e-mail] For Defendant: JOHN F. WALSH, United States Attorney District of Colorado KEVIN TRASKOS, Deputy Chief, Civil Division United States Attorney's Office District of Colorado 1225 - 17th St., #700 Denver, CO 80202 Tele: 303-844-7278 Fax: [phone] [e-mail] STEPHANIE KILEY, Special Assistant U.S. Attorney 1001 ­ 17th Street Denver, CO 80202 303-844-0015 Fax: [phone] Email: stephanie.kiley @ssa.gov

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. Date Complaint was filed: June 30, 2010

B. Date Complaint was served on U.S. Attorney's office: July 6, 2010. C. Date Answer and Administrative Record were filed: September 7, 2010. 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD: The Administrative Record appears to be complete. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES. There are no unusual claims or defenses in this case. 7. OTHER MATTERS There are no other matters to bring to the Court's attention. 8. BRIEFING SCHEDULE A. B. C. Plaintiff's Opening Brief due: November 12, 2010 December 13, 2010 December 28, 2010

Defendant's Response Brief due: Plaintiff's Reply Brief (if any) due:

9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's statement: Plaintiff does not request oral argument. B. Defendant's statement Defendant does not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. ( ) All parties have consented to the exercise of jurisdiction by 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(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON THE MOVING ATTORNEY'S CLIENT, ALL ATTORNEY'S 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 27th day of September, 2010.

BY THE COURT s/John L. Kane U.S. DISTRICT COURT JUDGE

APPROVED: s/ Ann J. Atkinson Ann J. Atkinson, Attorney at Law 7960 South Ireland Way Aurora, CO 80016-1904 Tele: 303-680-1881 Fax: [phone] Email: [e-mail] UNITED STATES ATTORNEY s/Stephanie Kiley By: Stephanie Kiley, Esq. Special Assistant U.S. Attorney 1001 ­ 17th Street Denver, CO 80202 Tele: 303-844-0015 Fax: [phone] Email: stephanie.kiley @ssa.gov