Butts v. Astrue

Filing 13

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 10/3/2011. SS Defendants Brief due by 11/2/2011. SS Plaintiffs Reply Brief due by 11/17/2011, by Judge John L. Kane on 8/26/2011. (sah2, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-01225-AP ELIZABETH A. BUTTS, 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: Lawrence D. Rohlfing 12631 East Imperial Highway, Ste C-115 Santa Fe Springs, CA 90670 562-868-5886 rohlfing_office@speakeasy.net For Defendant: John F. Walsh United States Attorney Kevin T. Traskos Civil Chief Assistant United States Attorney District of Colorado William G. Pharo Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street, Denver, Colorado 80202 (303) 844-0815 Stephanie.kiley@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: May 6, 2011 Date Complaint was served on U.S. Attorney’s Office: June 1, 2011 Date Answer and Administrative Record were filed: August 1, 2011 B. C. 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties, to the best of their knowledge, state that the administrative record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Neither party intends 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 cases 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 October 3, 2011 B.Defendant’s response brief due November 2, 2011 C.Plaintiff’s reply brief (if any) due November 17, 2011 2 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff does not request oral argument but is willing to participate if the Court has questions not adequately addressed in the briefing. 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 PRROF 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 26th day of August, 2011. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: /s/ Lawrence D. Rohlfing Lawrence D. Rohlfing 12631 East Imperial Highway, Ste C-115 Santa Fe Springs, CA 90670 562-868-5886 JOHN F. WALSH United States Attorney KEVIN T. TRASKOS Civil Chief Assistant United States Attorney District of Colorado WILLIAM G. PHARO Assistant United States Attorney s/Stephanie Lynn F. Kiley Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, Colorado 80202 (303) 844-0815 Stephanie.kiley@ssa.gov 4

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