Montoya v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER). SS Plaintiffs Brief due by 6/20/2011. SS Defendants Brief due by 7/20/2011. SS Plaintiffs Reply Brief due by 8/4/2011 by Judge John L. Kane on 5/6/2011. (sah, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00118-AP
LARRY LEE MONTOYA,
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:

For Defendant:

Frederick W. Newall
Attorney for Plaintiff
730 N. Weber, #101
Colorado Springs, CO 80903
[phone]
[e-mail]

JOHN F. WALSH
United States Attorney
District of Colorado
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
NADIA N. SULLIVAN
Special Assistant U. S. Attorney
[e-mail]
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: [phone]

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.
B.
C.

4.

Date Complaint Was Filed: January 18, 2011.
Date Complaint Was Served on U.S. Attorney’s Office: February 23, 2011.
Date Answer and Administrative Record Were Filed: April 25, 2011.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states: To the best of his knowledge, the record is complete and accurate.
However, Plaintiff reserves the right to supplement the record if necessary at the time of
the Opening Brief.
Defendant states: To the best of his knowledge, the record is complete. Defendant
reserves the right to respond in the event that Plaintiff seeks to supplement the record at a
later date.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff states:
None anticipated.
Defendant states: None anticipated.

6.

STATEMENT REGARDING 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
None.

8.

BRIEFING SCHEDULE
A.
B.
C.

9.

Plaintiffs Opening Brief Due: June 20, 2011.
Defendant’s Response Brief Due: July 20, 2011.
Plaintiffs Reply Brief (If Any) Due: August 4, 2011.

STATEMENTS REGARDING ORAL ARGUMENT
A.

Plaintiffs Statement: Plaintiff does not request oral argument.
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B.
10.

Defendant’s Statement: Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
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 6th day of May, 2011.
BY THE COURT:

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

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APPROVED:
s/Frederick W. Newall
Frederick W. Newall
Attorney for Plaintiff
730 N. Weber, #101
Colorado Springs, CO 80903
[phone]
[e-mail]

JOHN F. WALSH
United States Attorney
District of Colorado
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
By: s/Nadia N. Sullivan
NADIA N. SULLIVAN
Special Assistant U. S. Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: [phone]
[e-mail]
Attorneys for Defendant.

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