Gallegos v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 7/9/2012. SS Defendants Brief due by 8/8/2012. SS Plaintiffs Reply Brief due by 8/23/2012, by Judge John L. Kane on 5/29/12. (gmssl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:11-cv-03260-AP
GEORGE M. GALLEGOS,
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:

For Defendant:

Michael A. Desaulniers, Esq.
Law Office of Michael W. Seckar
402 W. 12th Street
Pueblo, CO 81003
[phone]
[phone] (fax)
[e-mail]

Jessica Milano
Special Assistant United States Attorney
Assistant Regional Counsel
Office of the General Counsel
Social Security Administration
1001 17th Street
Denver, CO 80202
[phone]
[phone] (fax)
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION

This is an appeal of a Social Security benefits application. The Court has jurisdiction pursuant to
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

3.

DATES OF FILING OF RELEVANT PLEADINGS
A.
B.

Date Complaint was Served on U.S. Attorney’s Office:

C.

4.

Date Complaint Was Filed:

December 13, 2011

Date Answer and Administrative Record Were Filed:

February 8, 2012
May 9, 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 CASE RAISES UNUSUAL
CLAIMS OR DEFENSES

The parties, to the best of their knowledge, do not believe this case raises any unusual claims or
defenses.

7.

OTHER MATTERS

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

8.

BRIEFING SCHEDULE

Plaintiff’s attorney, because of workload and international travel plans, requests that briefing
commence later than 40 days after the filing of this joint case management plan. Counsel for
both parties conferred and agreed upon the following proposed briefing schedule:
A.

Plaintiff’s Opening Brief:

July 9, 2012

B.

Response Brief due:

August 8, 2012

C.

Reply Brief due:

August 23, 2012

9.

STATEMENTS REGARDING ORAL ARGUMENT
A.

B.

10.

Plaintiff’s Statement: Plaintiff does not request oral argument.

Defendant’s Statement: Defendant does not request oral argument.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
A.

B.

11.

( )
All parties have consented to the exercise of jurisdiction of a United States
Magistrate Judge.
( X ) All parties have not consented to the exercise of jurisdiction of a United
States Magistrate Judge.

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 29th day of May, 2012
BY THE COURT:
s/John L. Kane __________
U.S. DISTRICT COURT JUDGE

3

APPROVED:
s/ Jessica Milano for

Michael A. Desaulniers, Esq.
Law Office of Michael W. Seckar
402 W. 12th Street
Pueblo, CO 81003
[phone]
[phone] (fax)
[e-mail]

JOHN F. WALSH
United States Attorney

WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney's Office
District of Colorado

Attorney for Plaintiff
(SIGNED PER ELECTRONIC
AUTHORIZATION)

s/ Jessica Milano
Jessica Milano
Special Assistant United States Attorney
1001 17th Street
Denver, CO 80202
[phone]
[phone] (fax)
[e-mail]
Attorneys for Defendant

4