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, )

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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 -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 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. -2- 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. -3- 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. -4-

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