Lafferty v. Astrue

Filing 16

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 7/18/2011. SS Defendants Brief due by 8/17/2011. SS Plaintiffs Reply Brief due by 9/1/2011, by Judge John L. Kane on 6/3/11. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-00640-JLK SILVANA VITALE LAFFERTY, Plaintiff-Appellant, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant-Appellee. ________________________________________________________________________ JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES ________________________________________________________________________ 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: For Defendant: Robert K. Gruber, #9413 3500 South Wadsworth Blvd., Suite 215 Lakewood, Colorado 80235-2382 Telephone (303) 986-6400 FAX (303) 986-6800 E-mail: bobgruber@earthlink.net Attorney for Plaintiff-Appellant JOHN F. WALSH United States Attorney KEVIN TRASKOS Chief, Civil Division Assistant United States Attorney District of Colorado WILLIAM G. PHARO Assistant United States Attorney District of Colorado Michael Howard Special Assistant United States Attorney Assistant Regional Counsel, SSA 1001 17th Street Denver, Colorado 80202 (303) 844-7192 Michael.howard@ssa.gov -1- 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: March 14, 2011 B. Date Complaint Was Served on U.S. Attorney’s Office: March 17, 2011 C. Date Answer and Administrative Record Were Filed: May 16, 2011 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The Administrative Records appears to be 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 There are no unusual claims or defenses in this case. 7. OTHER MATTERS There are no other matters. 8. PROPOSED BRIEFING SCHEDULE A. Plaintiffs Opening Brief Due: July 18, 2011 B. Defendant’s Response Brief Due: August 17, 2011 C. Plaintiffs Reply Brief (If Any) Due: September 1, 2011 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiffs Statement: -2- Plaintiff does not request oral argument. B. Defendant’s Statement: Defendant does not request oral argument 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE All parties have 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 3d day of June, 2011. BY THE COURT: s/John L. Kane SENIOR U.S. DISTRICT JUDGE -3- For Defendant: APPROVED: For Plaintiff: JOHN F. WALSH United States Attorney s/ Robert K. Gruber Robert K. Gruber 3500 South Wadsworth Blvd., Suite 215 Lakewood, Colorado 80235-2382 Telephone (303) 986-6400 FAX (303) 986-6800 E-mail: bobgruber@earthlink.net Attorney for Plaintiff-Appellant KEVIN TRASKOS Chief, Civil Division Assistant United States Attorney District of Colorado WILLIAM G. PHARO Assistant United States Attorney District of Colorado s/ Michael Howard Michael Howard Special Assistant United States Attorney Assistant Regional Counsel, SSA 1001 17th Street Denver, Colorado 80202 (303) 844-7192 Michael.howard@ssa.gov Attorneys for Defendant -4-

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