Born v. Sebelious

Filing 7

Joint Case Management Plan for Social Security Cases. SS Plaintiff's Brief due by 5/21/2012. SS Defendant's Brief due by 6/21/2012. SS Plaintiff's Reply Brief due by 7/6/2012, by Judge John L. Kane on 4/27/12. (lygsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-02507-AP DIXIE BORN, Plaintiff, v. KATHLEEN SEBELIUS, Secretary of the United States Department of Health & Human Services, Defendant. JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES 1. APPEARANCES OF COUNSEL AND PRO SE PARTIES For Plaintiff: For Defendant: TERESA H. ABBOTT Law Office of Teresa Abbott, P.C. 3515 South Tamarac Drive, Suite 200 Telephone (303) 757-5000 Facsimile (303) 689-9627 E-mail: abbott.teresa@gmail.com JOHN F. WALSH United States Attorney WILLIAM G. PHARO United States Attorney’s Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0184 Facsimile: (303) 454-0400 Email: william.pharo@usdoj.gov 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION The Court has jurisdiction based on section 205(g) and/or section 1869(b) of the Social Security Act, 42 U.S.C. § 405(g), § 1395ff(b). 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. C. Date Complaint Was Filed: 09/22/2011 Date Complaint Was Served on U.S. Attorney’s Office: 12/26/2011 Date Answer and Administrative Record Were Filed: 01/27/2012 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties state that the Administrative Record appears to be complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES The parties state that this case presents no unusual claims or defenses. 7. OTHER MATTERS There are no other matters. 8. BRIEFING SCHEDULE A. B. C. Plaintiff’s Opening Brief Due: 05/21/2012 Defendant’s Response Brief Due: 06/21/2012 Plaintiffs Reply Brief (If Any) Due: 07/06/2012 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiff’s Statement: Plaintiff does not request oral argument. Defendant’s Statement: Defendant does not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE A. ( ) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. B. (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 27th day of April, 2012. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE APPROVED: For Plaintiff: TERESA H. ABBOTT Law Office of Teresa Abbott, P.C. 3515 South Tamarac Drive, Suite 200 Telephone (303) 757-5000 Facsimile (303) 689-9627 E-mail: abbott.teresa@gmail.com For Defendant: JOHN F. WALSH United States Attorney WILLIAM G. PHARO United States Attorney’s Office 1225 17th Street, Suite 700 Denver, CO 80202 Telephone: (303) 454-0184 Facsimile: (303) 454-0400 E-mail: william.pharo@usdoj.gov

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