Baldwin v. Astrue
Filing
14
Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 11/14/2011. SS Defendants Brief due by 12/14/2011. SS Plaintiffs Reply Brief due by 12/29/2011., by Judge John L. Kane on 10/3/11. (gmssl, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-cv-01553-AP
LETICIA BALDWIN obo J.N.,
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
KEVIN TRASKOS
Chief, Civil Division
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
William.pharo@usdoj.gov
For Plaintiff:
PATRICK C.H. SPENCER, II
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
Telephone (719) 632-4808
Facsimile (719) 632-4807
E-mail: patrick@2spencers.com
DAVID I. BLOWER
Special Assistant United States Attorney
Office of the General Counsel,
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone: (303) 844-1571
David.blower@ssa.gov
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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 17, 2011
C.
4.
Date Complaint Was Filed: June 14, 2011
Date Answer and Administrative Record Were Filed: September 15,
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.
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.
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8.
BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A.
B.
Defendant’s Response Brief Due: December 14, 2011
C.
9.
Plaintiffs Opening Brief Due: November 14, 2011
Plaintiffs Reply Brief (If Any) Due: December 29, 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.
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DATED this 3rd day of October, 2011.
BY THE COURT:
___________
U.S. DISTRICT COURT JUDGE
s/John L. Kane
APPROVED:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Chief, Civil Division
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
William.pharo@usdoj.gov
s/Patrick C.H. Spencer, II
PATRICK C.H. SPENCER, II
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
Telephone (719) 632-4808
Facsimile (719) 632-4807
E-mail: patrick@2spencers.com
Attorney for Plaintiff
s/David I. Blower
DAVID I. BLOWER
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: (303) 844-1571
Facsimile: (303) 844-0770
David.blower@ssa.gov
Attorneys for Defendant.
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