Truelove v. Astrue

Filing 9

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 5/16/2012. SS Defendants Brief due by 6/15/2012. SS Plaintiffs Reply Brief due by 6/30/2012, by Judge John L. Kane on 4/10/12. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 11-cv-03114-AP BETTY A. TRUELOVE, 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: Michael Desaulniers, Esq. 402 W. 12th Street Pueblo, Colorado 81003 719-543-8636 seckarlaw@mindspring.com For Defendant: John F. Walsh United States Attorney William G. Pharo Assistant United States Attorney District of Colorado Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street, 6th Floor Denver, Colorado 80202 (303) 844-0815 stephanie.kiley@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. B. C. 4. Date Complaint was filed: November 30, 2011 Date Complaint was served on U.S. Attorney’s Office: January 26, 2012 Date Answer and Administrative Record were filed: March 26, 2012 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 Neither party intends 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. BRIEFING SCHEDULE Because of workload and scheduling conflicts, the parties respectfully request briefing to commence later than 40 days after the filing of this Joint Case Management plan, as follows A. B. C. 9. Plaintiff’s opening brief due Defendant’s response brief due Plaintiff’s reply brief (if any) due STATEMENTS REGARDING ORAL ARGUMENT 2 May 16, 2012 June 15, 2012 June 30, 2012 A. B. 10. Plaintiff does not request oral argument. 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.L.CivR. 7.1(C) BY SUBMITTING PRROF 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 10th day of April, 2012. BY THE COURT: S/John L. Kane U.S. DISTRICT COURT JUDGE 3 APPROVED: s/Michael A. Desaulniers Michael Desaulniers, Esq. 402 W. 12th Street Pueblo, Colorado 81003 719-543-8636 seckarlaw@mindspring.com JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney District of Colorado s/Stephanie Lynn F. Kiley Stephanie Lynn F. Kiley Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street, 6th Floor Denver, Colorado 80202 (303) 844-0815 stephanie.kiley@ssa.gov 4

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