Adamson v. Astrue

Filing 9

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 10/4/2011. SS Defendants Brief due by 11/3/2011. SS Plaintiffs Reply Brief due by 11/18/2011, 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-01267-AP ALFRED JAY ADAMSON, 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 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 ALEXESS D. REA Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, CO 80202 Telephone: (303) 844-7101 alexess.rea@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. B. Date Complaint Was Served on U.S. Attorney’s Office: June 6, 2011 C. 4. Date Complaint Was Filed: May 12, 2011 Date Answer and Administrative Record Were Filed: August 5, 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. -2- 8. BRIEFING SCHEDULE Counsel for both parties agree to the following proposed briefing schedule: A. B. Defendant’s Response Brief Due: November 3, 2011 C. 9. Plaintiffs Opening Brief Due: October 4, 2011 Plaintiffs Reply Brief (If Any) Due: November 18, 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. -3- DATED this 26th day of August, 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/ Alexess Rea Alexess Rea Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: (303) 844-7101 alexess.rea@ssa.gov Attorneys for Defendant. -4-

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