Mans v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 8/9/2011. SS Defendants Brief due by 9/8/2011. SS Plaintiffs Reply Brief due by 9/23/2011, by Judge John L. Kane on 7/6/11. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-00922-AP DEREK WARD MANS, 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 230 Colorado Springs, CO 80906 (719) 632-4808 patrick@2spencers.com For Defendant: John F. Walsh United States Attorney Kevin T. Traskos Deputy Civil Chief United States Attorney’s Office District of Colorado William G. Pharo United States Attorney Office District of Colorado Michael Howard Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 17th St. Denver, Colorado 80202 (303) 844-7192 Michael.howard@ssa.gov 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: April 6, 2011 B. Date Complaint was served on U.S. Attorney’s Office: April 11, 2011 C. Date Answer and Administrative Record were filed: June 10, 2011 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties state that, to the best of their knowledge, the administrative record is complete. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not intend to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe the case raises unusual claims or defenses. 7. OTHER MATTERS The parties have no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE The parties respectfully request the following briefing schedule A. Plaintiff’s opening brief due: August 9, 2011 B. Defendant’s response brief due: September 8, 2011 C. Plaintiff’s reply brief (if any) due: September 23, 2011 2 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff does not request oral argument. 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.L.CivR. 7.1(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON 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 July, 2011. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: /s/ Patrick C.H. Spencer, II Patrick C.H. Spencer, II 830 Tenderfoot Hill Road, Suite 230 Colorado Springs, CO 80906 (719) 632-4808 patrick@2spencers.com John F. Walsh United States Attorney Kevin T. Traskos Deputy Civil Chief United States Attorney’s Office District of Colorado William G. Pharo United States Attorney Office District of Colorado /s/ Michael S. Howard Michael Howard Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 17th St. Denver, Colorado 80202 (303) 844-7192 Michael.howard@ssa.gov 4

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