Carrithers v. Astrue

Filing 14

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

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 10 cv 03053-AP BARBARA CARRITHERS, Plaintiff, v. MICHAEL ASTRUE, Defendant.

JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES

1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: Chris R. Noel 3000 Pearl Street, Suite 105 Boulder, CO 80301 tel: [phone] fax: [phone] For Defendant: JOHN F. WALSH United States Attorney KEVIN TRASKOS Chief, Civil Division United States Attorney's Office District of Colorado 303-454-0184 [e-mail] WILLIAM G. PHARO Assistant United States Attorney [e-mail] STEPHANIE KILEY Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: [phone] Facsimile: 303-844-0770 [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: B. Date Complaint Was Served on U.S. Attorney's Office: C. Date Answer and Administrative Record Were Filed: December 15, 2010 December 17, 2010 February 15, 2011

4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD Plaintiff: The record is complete at this time. Defendant: To the best of her knowledge, counsel for Defendant states that the administrative record is complete and accurate.

5. STATEMENT REGARDING ADDITIONAL EVIDENCE Plaintiff: Evidence of the Appeals Council's extension of time will be filed. Defendant: To the best of her knowledge, counsel for Defendant states that the administrative record is complete and accurate. Thus, additional evidence is not relevant to the issues in this case. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES Plaintiff: no unusual claims are presented for judicial review. Defendant: To the best of her knowledge, counsel for Defendant states that this case does not raise unusual claims or defenses. 7. OTHER MATTERS Plaintiff: Ms. Carrithers has proposed early remand on grounds the ALJ decision contains error on the face of the document. Defendant: In response to Plaintiff's request for early remand, counsel for Defendant has raised Plaintiff's concerns with her client, Defendant.

8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: B. Defendant's Response Brief Due: C. Plaintiff's Reply Brief (If Any) Due: 9. STATEMENTS REGARDING ORAL ARGUMENT Plaintiff: Oral Argument is not requested. Defendant's Statement: Counsel for Defendant does not request oral argument. March 7, 2011 April 7, 2011 April 22, 2011

10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE In accordance with D.C.COLO.LCivR 72.2. no magistrate is requested A. ( ) All parties have consented to the exercise of jurisdiction of 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 Plaintiff: Ms. Carrithers has requested an early remand of Defendant, but Defendant chose to file his Answer instead. Defendant: As noted in response to paragraph 7, above, in response to Plaintiff's request for early remand, counsel for Defendant raised Plaintiff's concerns with her client, Defendant. At the time the answer was due, Defendant had not agreed to remand this case.

12. AMENDMENTS TO JOINT CASE MANAGEMENT PLAN Amendments are made only on a showing of good cause. DATED this 7th day of March, 2011. BY THE COURT:

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

APPROVED: s/Chris R. Noel Chris R. Noel 3000 Pearl Street, Suite 105 Boulder, CO 80301 tel: [phone] fax: [phone]

JOHN F. WALSH United States Attorney KEVIN TRASKOS Chief, Civil Division United States Attorney's Office District of Colorado 303-454-0184 [e-mail] WILLIAM G. PHARO Assistant United States Attorney [e-mail] /s/ Stephanie Lynn F. Kiley STEPHANIE KILEY Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: [phone] Facsimile: 303-844-0770 [e-mail]