Alvaran v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 1/30/2012. SS Defendants Brief due by 2/29/2012. SS Plaintiffs Reply Brief due by 3/15/2012, by Judge John L. Kane on 12/6/11. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-02322-AP
______________________________________________________________________________
DANIEL O. ALVARAN,
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:
Patrick C.H. Spencer, II
Attorney for Plaintiff
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
[phone]
[e-mail]

For Defendant:
John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney’s Office
District of Colorado
William G. Pharo
United States Attorney Office
District of Colorado
Michael Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 17th St.
Denver, Colorado 80202
[phone]
[e-mail]

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: September 2, 2011
B. Date Complaint was served on U.S. Attorney’s Office: September 16, 2011
C. Date Answer and Administrative Record were filed: November 14, 2011

4.

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 intend to submit additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASES RAISES UNUSUAL CLAIMS
OR DEFENSES
The parties, to the best of their knowledge, do not believe the case raises unusual claims
or defenses.

7.

OTHER MATTERS
The parties have no other matters to bring to the attention of the Court.

8.

PROPOSED BRIEFING SCHEDULE
The parties respectfully request the following briefing schedule. Plaintiff’s attorney has
several deadlines including hearings and a Tenth Circuit appellate brief, which would
greatly hinder his ability to prepare the opening brief within 40 days of the filing of this
Joint Case Management Plan.
A. Plaintiff’s opening brief due: January 30, 2012

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B. Defendant’s response brief due: February 29, 2012
C. Plaintiff’s reply brief (if any) due: March 15, 2012
9.

STATEMENTS REGARDING ORAL ARGUMENT
The parties do not request oral argument.

10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
The parties consent 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.L.CivR. 7.1(C) BY
SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED
UPON 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 6th day of December, 2011.
s/John L. Kane
SENIOR U.S. DISTRICT JUDGE

APPROVED:
/s/ Patrick C.H. Spencer, II
Patrick C.H. Spencer, II
Attorney for Plaintiff
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
[phone]
[e-mail]

John F. Walsh
United States Attorney
Kevin T. Traskos
Deputy Civil Chief
United States Attorney’s Office
District of Colorado
William G. Pharo
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United States Attorney Office
District of Colorado
/s/ Michael S. Howard
Michael S. Howard
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 17th St.
Denver, Colorado 80202
[phone]
[e-mail]
Attorneys for Defendant

CERTIFICATE OF SERVICE
I hereby certify that on December 5, 2011, I electronically filed the foregoing “Joint Case
Management Plan for Social Security Cases” with the with the Clerk of Court using the

CM/ECMF system which will send notification of such filing to the following e-mail
address(es):
[e-mail]
[e-mail]

/s/ Michael S. Howard
Office of the General Counsel
Social Security Administration

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