Dietz v. Astrue

Filing 9

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 4/22/2011. SS Defendants Brief due by 5/23/2011. SS Plaintiffs Reply Brief due by 6/7/2011, by Judge John L. Kane on 3/9/11. (gmssl, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10-cv-02662-AP TRUDI DIETZ, 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: Patrick C.H. Spencer, II 830 Tenderfoot Hill Road, Suite 320 Colorado Springs, CO 80906 Telephone: [phone] FAX: [phone] E-mail: [e-mail] Attorney for Plaintiff For Defendant: JOHN F. WALSH United States Attorney KEVIN TRASKOS Chief, Civil Division United States Attorney's Office District of Colorado WILLIAM G. PHARO Assistant United States Attorney District of Colorado STEPHANIE LYNN F. KILEY Special Assistant United States Attorney Office of the General Counsel, Social Security Administration 1001 Seventeenth Street Denver, CO 80202 Telephone: [phone] [e-mail]

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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: B. Date Complaint Was Served on U.S. Attorney's Office: C. Date Answer and Administrative Record Were Filed: November 1, 2010 November 9, 2010 February 17, 2011

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 The parties do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe this case raises unusual claims or defenses. 7. OTHER MATTERS There are no other matters anticipated. 8. BRIEFING SCHEDULE The parties respectfully request the following briefing schedule: A. Plaintiffs Opening Brief Due: B. Defendant's Response Brief Due: C. Plaintiffs Reply Brief (If Any) Due: April 22, 2011 May 23, 2011 June 7, 2011

Additional time is required to file the briefs due to Plaintiff's counsel's scheduled vacation in May, 2011 and very heavy workload in April, 2011. The Defendant has no objection to extending the

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briefing schedule. 9. STATEMENT REGARDING ORAL ARGUMENT The parties do not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Plaintiff does not consent 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 9th day of March, 2011.

BY THE COURT:

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

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APPROVED: s/Patrick C.H. Spencer, II Patrick C.H. Spencer, II 830 Tenderfoot Hill Road, Suite 320 Colorado Springs, CO 80906 Telephone: [phone] FAX: [phone] E-mail: [e-mail] Attorney for Plaintiff JOHN F. WALSH Acting United States Attorney KEVIN TRASKOS Chief, Civil Division United States Attorney's Office District of Colorado [e-mail] WILLIAM G. PHARO Assistant United States Attorney By: s/Stephanie Lynn F. Kiley Stephanie Lynn F. Kiley Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: [phone] [e-mail] Attorneys for Defendant.

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