McGowan v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 10/20/2011. SS Defendants Brief due by 11/21/2011. SS Plaintiffs Reply Brief due by 12/5/2011, by Judge John L. Kane on 9/26/11. (gmssl, )

UNITED STATES DISTRICT COURT
DISTRICT OF COLORADO
JENNIFER A. McGOWAN,

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) Case No.: 11-cv-1145-AP
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Plaintiff,
vs.
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:

Frederick W. Newall, Esq.
730 N. Weber, #101
Colorado Springs, Colorado 80903
[phone]
[phone] (facsimile)
[e-mail]

For Defendant:

William G. Pharo
Assistant United States Attorney
Mailing Address:
1225 Seventeenth St., Suite 700
Denver, Colorado 80202
[phone]

2.

Street Address:
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
[phone]
[phone] (facsimile)
STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
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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:
April 29, 2011
Date Complaint Was Served on U.S. Attorney's Office: May 18, 2011.
Date Answer and Administrative Record Were Filed: July 15, 2011.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

Plaintiff states: To the best of his knowledge, the record is complete. However, the
Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief.
Defendant states: The Administrative Record appears to be complete and accurate.
5.

STATEMENT REGARDING ADDITIONAL EVIDENCE

The parties state that there is no additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS
OR DEFENSES

The parties state that to the best of their knowledge, this case raises no unusual claims or
defenses.

7.

OTHER MATTERS
None.

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8.

BRIEFING SCHEDULE
A.
B.
C.

9.

Plaintiff's Opening Brief Due:
October 20, 2011.
Defendant's Response Brief Due: November 21, 2011.
Plaintiff's Reply Brief (If Any) Due: December 5, 2011.

STATEMENTS REGARDING ORAL ARGUMENT
Plaintiff's Statement: Plaintiff does NOT request oral argument.
Defendant’s Statement: Defendant does NOT request oral argument.

10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
Indicate below the parties' consent choice.
A.

B.

11.

( ) All parties have consented to the exercise of jurisdiction of a United States
Magistrate Judge.
(XX) All parties have not consented to the exercise of jurisdiction of a United States
Magistrate Judge.

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.
WHILE THE JOINT CASE MANAGEMENT PLAN WAS DUE ON AUGUST 4, 2011, IT
WAS JUST DISCOVERED ON SEPTEMBER 16, 2011 THAT IT WAS NOT FILED. OPENING
BRIEFS ARE DUE AS FOLLOWS: ADAMSON V. ASTRUE, CASE NO. 11-cv-1267-JLK DUE
OCT 4, 2011, AND OPENING BRIEF IN LOVATO V. ASTRUE, CASE NO. 11-cv-0354 DUE
OCT6, 2011. SUCH THAT THE OCT 20, 2011, OPENING BRIEF IS REASONABLY THE
EARLIEST TIME FOR FILING IT. FURTHER, DEFENDANT’S COUNSEL INDICATED THAT
HIS NOVEMBER BRIEFING SCHEDULE WILL PROBABLY REQUIRE A CONTINUANCE.
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 26th day of September, 2011.
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BY THE COURT:

S/John L. Kane
U.S. DISTRICT COURT JUDGE
APPROVED:
s/Frederick W. Newall
Frederick W. Newall, Esq.
730 N. Weber, #101
Colorado Springs, Colorado 80903
[phone]
[phone] (facsimile)
[e-mail]

JOHN F. WALSH
UNITED STATES ATTORNEY
William G. Pharo
Assistant U.S. Attorney
[e-mail]
s/William G. Pharo
Assistant U.S. Attorney
1225 Seventeenth Street, Suite 700
Denver, Colorado 80202
Telephone: [phone]
Attorney for Defendant

Attorney for Plaintiff

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