Garza v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 10/10/2011. SS Defendants Brief due by 11/9/2011. SS Plaintiffs Reply Brief due by 11/28/2011, by Judge John L. Kane on 8/31/11. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-01466-AP SYLVIA M. GARZA, 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: For Defendant: RUTH K. IRVIN Irvin & Irvin 1443 Spruce St. Boulder, CO 80302 Telephone: (303) 543-0337 Facsimile: (303) 543-0389 rkirvin@irvinlaw.net JOHN F. WALSH United States Attorney District of Colorado KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney’s Office WILLIAM G. PHARO Assistant United States Attorney ALEXESS D. REA Special Assistant United States Attorney 1225 17th Street Denver, CO 80202 Telephone: (303) 844-7101 Facsimile: (303)454-0770 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. Date Complaint Was Filed: June 3, 2011 B. Date Complaint Was Served on U.S. Attorney’s Office: June 13, 2011 C. Date Answer and Administrative Record Were Filed: August 11, 2011 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD At this time, the Administrative Record appears to be complete and accurate; however, the parties will fully ascertain the completeness of the record upon the drafting and completion of their respective briefs. 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 do not foresee offering any unusual claims or defenses in this case. 7. OTHER MATTERS The parties are not aware of any other matters at this time. 8. BRIEFING SCHEDULE Counsel for both parties agree to the following proposed briefing schedule: A. Plaintiff’s Opening Brief Due: October 10, 2011 B. Defendant’s Response Brief Due: November 9, 2011 C. Plaintiffs Reply Brief (If Any) Due: November 28, 2011 -2- 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff’s Statement: 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 A. B. ( ) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. (X) 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. DATED this 31st day of August, 2011. BY THE COURT: ________ s/John L. Kane U.S. DISTRICT COURT JUDGE -3- APPROVED: For Plaintiff: For Defendant: JOHN F. WALSH United States Attorney District of Colorado s/ Ruth K. Irvin RUTH K. IRVIN Irvin & Irvin 1443 Spruce St. Boulder, CO 80302 Telephone: (303) 543-0337 Facsimile: (303) 543-0389 rkirvin@irvinlaw.net KEVIN TRASKOS Deputy Chief, Civil Division United States Attorney’s Office WILLIAM G. PHARO Assistant United States Attorney Attorney for Plaintiff s/ Alexess D. Rea ALEXESS D. REA Special Assistant United States Attorney 1225 17th Street Denver, CO 80202 Telephone: (303) 844-7101 Facsimile: (303) 454-0770 alexess.rea@ssa.gov Attorneys for Defendant -4-

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