Garcia v. Astrue

Filing 9

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 1/23/2012. SS Defendants Brief due by 2/22/2012. SS Plaintiffs Reply Brief due by 3/8/2012, by Judge John L. Kane on 11/16/11. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-cv-02202-AP
GILBERT E. GARCIA
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:
Francis K. Culkin
3801 East Florida Avenue, Suite 400
Denver, Colorado 80210
Phone: [phone]
Fax: [phone]
[e-mail]

For Defendant:
JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Chief, Civil Division
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
1001 Seventeenth Street
Denver, Colorado 80202
303-844-0815
303-844-0770 Facsimile
[e-mail]

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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. Date Complaint Was Filed:
B. Date Complaint Was Served on U.S. Attorney’s Office:
C. Date Answer and Administrative Record Were Filed:

August 23, 2011
August 25, 2011
October 24, 2011

4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Counsel for Plaintiff states that the record is complete and accurate.
Counsel for Defendant states that the 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
Counsel for Plaintiff states: This case does not involve unusual claims or defenses.
Counsel for Defendant states: This case does not involve unusual claims or defenses.
7. OTHER MATTERS
Plaintiff’s counsel will be out of the state on a long planned family vacation on December 27,
2011. The vacation will extend until January 8, 2012. For that reason plaintiff’s counsel
requests that the presumptive dates for filing the briefs be extended. Plaintiff’s counsel requests a
briefing schedule in which his Opening Brief is due on January 23, 2012, Defendant’s Response
Brief is due on February 22, 2012 and Plaintiff’s Reply Brief is due on March 8, 2012. Plaintiff’s
counsel has informed plaintiff, Mr. Gilbert E. Garcia, regarding the requested extension of the
presumptive filing dates. Mr. Garcia indicated he has no objection to the Court’s issuing an Order
extending the presumptive dates.
8. BRIEFING SCHEDULE
Counsel for both parties request the following proposed briefing schedule:
A. Plaintiffs Opening Brief Due:
B. Defendant’s Response Brief Due:
C. Plaintiffs Reply Brief (If Any) Due:

January 23, 2012
February 22, 2012
March 08, 2012

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9. STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiffs Statement: Plaintiff does request an oral argument.
B. Defendant’s Statement: Defendant does not request oral argument
10. 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.
DATED this 16th day of November, 2011:
BY THE COURT:
s/John L. Kane
_______
U.S. DISTRICT COURT JUDGE
APPROVED:
/s/ Francis K. Culkin
Francis K. Culkin
3801 East Florida Avenue, Suite 400
Denver, Colorado 80210
Phone: [phone]
Fax: [phone]
[e-mail]
Attorney for Plaintiff

JAMES F. WALSH
United States Attorney
KEVIN TRASKOS
Acting Chief, Civil Division
United States Attorney’s Office
District of Colorado
By: s/ Stephanie F. Kiley
Stephanie F. Kiley
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: [phone]
[e-mail]
Attorneys for Defendant.

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