Velasquez v. Astrue

Filing 9

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 4/1/2012. SS Defendants Brief due by 5/1/2012. SS Plaintiffs Reply Brief due by 5/16/2012, by Judge John L. Kane on 2/21/12. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-03083-AP THERESE G. VELASQUEZ, 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 Attorney for Plaintiff 3801 E. Florida Ave., Suite 400 Denver, CO 80210 (303) 830-1110 fculkinesq@aol.com 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’s 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 (303) 844-7192 Michael.howard@ssa.gov 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: November 28, 2011 B. Date Complaint was served on U.S. Attorney’s Office: November 29, 2011 C. Date Answer and Administrative Record were filed: February 1, 2012 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 CASE 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. BRIEFING SCHEDULE The parties respectfully request the following briefing schedule: A. Plaintiff’s opening brief due: April 1, 2012 B. Defendant’s response brief due: May 1, 2012 C. Plaintiff’s reply brief (if any) due: May 16, 2012 2 9. STATEMENTS REGARDING ORAL ARGUMENT Plaintiff requests oral argument. The Commissioner does not request oral argument. 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE All parties do not 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 21st day of February, 2012. BY THE COURT: s/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: s/ Francis K. Culkin Francis K. Culkin Attorney for Plaintiff 3801 E. Florida Ave., Suite 400 Denver, CO 80210 (303) 830-1110 fculkinesq@aol.com 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’s 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 (303) 844-7192 Michael.howard@ssa.gov Attorneys for Defendant 4

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