Russell v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 12/22/2010. SS Defendants Brief due by 1/24/2011. SS Plaintiffs Reply Brief due by 2/4/2011, by Judge John L. Kane on 11/4/10. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Civil Action No. 10-cv-01811-AP LARRY RUSSELL,
Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ______________________________________________________________________________ JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES ______________________________________________________________________________ 1. APPEARANCES OF COUNSEL For Plaintiff:

THOMAS A. FELDMAN 1120 Lincoln Street, Suite 1306 Denver, CO 80203 Telephone [phone] Fax [phone] E-mail [e-mail]
For Defendant: JOHN F. WALSH United States Attorney KEVIN TRASKOS Assistant United States Attorney United States Attorney's Office Chief, Civil Division District of Colorado [e-mail] Debra J. Meachum Special Assistant United States Attorney 1001 17th Street Denver, Colorado 80202 Telephone: [phone] [e-mail]

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: 7/30/10. B. Date Complaint Was Served on U.S. Attorney's Office: 8/16/10. C. Date Answer and Administrative Record Were Filed: 10/15/10.

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

The parties, to the best of their knowledge, state that the administrative record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Neither party intends to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe the case raises unusual claims or defenses. 7. OTHER MATTERS The parties have no other matters to bring to the attention of the court. 8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: 12/22/10 B. Defendant's Response Brief Due: 1/24/11 C. Plaintiff's Reply Brief (If Any) Due: 2/4/11 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff's Statement: Plaintiff requests oral argument. Oral argument would provide a useful opportunity to analyze an important legal issue in this case, namely, the proper standard for evaluating a mental illness at Step 2 of the sequential evaluation analysis. B. Defendant's Statement: Defendant does not request oral argument. 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.

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 4th day of November, 2010. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE

APPROVED: For Plaintiff: s/Thomas A. Feldman

THOMAS A. FELDMAN 1120 Lincoln Street, Suite 1306 Denver, CO 80203 Telephone [phone] Fax [phone] E-mail [e-mail]
For Defendant: JOHN F. WALSH United States Attorney KEVIN TRASKOS Assistant United States Attorney United States Attorney's Office Chief, Civil Division District of Colorado [e-mail] Debra J. Meachum Special Assistant United States Attorney 1001 17th Street Denver, Colorado 80202 Telephone: [phone] [e-mail]