Cortez v. Astrue
Filing
11
Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 7/5/2011. SS Defendants Brief due by 8/4/2011. SS Plaintiffs Reply Brief due by 8/19/2011, by Judge John L. Kane on 5/24/11. (gmssl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-00398-AP
DOMINIQUE CORTEZ OBO,
LAWRENCE CORTEZ,
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 Defendant:
JOHN F. WALSH
United States Attorney
For Plaintiff:
Frederick W. Newall #10269, Esq.
730 N. Weber, #101
Colorado Springs, CO 80903
Telephone (719) 633-5211
E-mail: fnewall@qwestoffice.net
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
William.Pharo@usdoj.gov
DAVID BLOWER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: (303) 844-1571
david.blower@ssa.gov
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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.
B.
Date Complaint Was Served on U.S. Attorney’s Office: March 7, 2011
C.
4.
Date Complaint Was Filed: February 16, 2011
Date Answer and Administrative Record Were Filed: May 3, 2011
STATEMENT REGARDING THE ADEQUACY OF THE RECORD
The parties, to the best of their knowledge, state that the administrative record is complete
and accurate. However, the Plaintiff reserves the right to supplement the record if necessary
at the time of the Opening Brief.
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.
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8.
BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A.
B.
Defendant’s Response Brief Due: August 4, 2011
C.
9.
Plaintiffs Opening Brief Due: July 5, 2011
Plaintiffs Reply Brief (If Any) Due: August 19, 2011
STATEMENTS REGARDING ORAL ARGUMENT
A.
B.
10.
Plaintiffs Statement: Plaintiff does not request oral argument.
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.
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DATED this 24th day of May, 2011.
BY THE COURT:
__________
U.S. DISTRICT COURT JUDGE
s/John L. Kane
APPROVED:
s/Frederick Newall
JOHN F. WALSH
United States Attorney
730 N. Weber, #101
Colorado Springs, CO 80903
(719) 633-5211
E-mail: fnewall@qwestoffice.net
Attorney for Plaintiff
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
William.Pharo@usdoj.gov
By: s/David Blower
David Blower
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: (303) 844-1571
david.blower@ssa.gov
Attorneys for Defendant.
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