Myers v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 12/16/2010. SS Defendants Brief due by 1/18/2011. SS Plaintiffs Reply Brief due by 2/2/2011, by Judge John L. Kane on 11/5/10. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: NAOMI MYERS, v. MICHAEL J. ASTRUE, Commissioner of Social Security, D efendant. 10-cv-1760-AP Plaintiff,

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Frederick W. Newall, Esq. 730 N. Weber, #101 Colorado Springs, Colorado 80903 [phone] [phone] (facsimile) [e-mail] JOHN F. WALSH U.S. Attorney KEVIN TRASKOS Chief, Civil Division United States Attorney's Office District of Colorado 303.454.0184 [e-mail] DEBRA J. MEACHUM Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, Colorado 80202 [phone] [e-mail]

For Defendant:

2. 405(g). 3.

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. DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: July 23, 2010 Date Complaint Was Served on U.S. Attorney's Office: August 16, 2010 Date Answer and Administrative Record Were Filed: October 14, 2010

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

Plaintiff states: To the best of his knowledge, the record is complete. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Plaintiff states: 6. There is no additional evidence.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES To the best of his knowledge, this case raises no unusual claims or

Plaintiff states: defenses. 7.

OTHER MATTERS Plaintiff states: None.

8.

BRIEFING SCHEDULE

Plaintiff's attorney, because of workload, holidays, and vacation plans, requests that briefing commence later than 40 days after the filing of this joint case management plan. Counsel for both parties conferred and agreed upon the following proposed briefing schedule: A. B. C. Plaintiff's Opening Brief Due: Defendant's Response Brief Due: Plaintiff's Reply Brief (If Any) Due: December 16, 2010 January 18, 2011 February 2, 2011

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9.

STATEMENTS REGARDING ORAL ARGUMENT Plaintiff's Statement: Plaintiff does NOT request oral argument. Defendant's Statement: Defendant does NOT request oral argument.

10.

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

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 this 5th day of November, 2010. BY THE COURT:
s/John L. Kane ___________

U.S. DISTRICT COURT JUDGE

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APPROVED: FREDERICK W. NEWALL s/Frederick W. Newall 730 N. Weber, #101 Colorado Springs, CO 80903 [phone] E-mail: [e-mail] Attorney for Plaintiff JOHN F. WALSH United States Attorney KEVIN TRASKOS Chief, Civil Division United States Attorney's Office District of Colorado [e-mail] By: s/Debra J. Meachum Debra J. Meachum Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: [phone] [e-mail] Attorneys for Defendant.

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