Kemper v. Commissioner of Social Security

Filing 25

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 8/12/2011. SS Defendants Brief due by 9/12/2011. SS Plaintiffs Reply Brief due by 9/28/2011, by Judge John L. Kane on 7/15/11. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-02237-AP GARY ALLEN KEMPER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: GARY A. KEMPER Pro Se Plaintiff 4501 Boardwalk B-11 Fort Collins, CO 80525 For Defendant: JOHN F. WALSH United States Attorney WILLIAM PHARO Assistant United States Attorney United States Attorney’s Office District of Colorado THOMAS H. KRAUS Special Assistant United States Attorney 1001 17th Street Denver, Colorado 80202 (303) 844-0017 E-mail: tom.kraus@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: 9/13/10 B. Date Complaint Was Served on U.S. Attorney's Office: 9/24/10 C. Date Answer and Administrative Record Were Filed: 6/27/11 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD There are no issues with the accuracy or completeness of the administrative record. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Plaintiff reserves the right to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES This case does not involve unusually complicated or out-of-the-ordinary claims. 7. OTHER MATTERS None. 8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: 8/12/11 B. Defendant's Response Brief Due: 9/12/11 C. Plaintiff's Reply Brief (If Any) Due: 9/28/11 9. STATEMENTS REGARDING ORAL ARGUMENT Neither party requests oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE -2- Neither party consents 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 15th day of July, 2011. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: s/ Gary A. Kemper GARY A. KEMPER Pro Se Plaintiff 4501 Boardwalk B-11 Fort Collins, CO 80525 UNITED STATES ATTORNEY WILLIAM PHARO Assistant United States Attorney United States Attorney’s Office District of Colorado s/ Thomas H. Kraus THOMAS H. KRAUS Special Assistant U.S. Attorney 1001 17th Street Denver, Colorado 80202 Telephone: (303) 844-0017 tom.kraus@ssa.gov Attorneys for Defendant -3-

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