Moore v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases. SS Plaintiff's Brief due by 6/3/2012. SS Defendant's Brief due by 7/3/2012. SS Plaintiff's Reply Brief due by 7/18/2012, by Judge John L. Kane on 4/24/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 11-cv-03318-AP
ANGELINE L. MOORE,
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:
Kenneth J. Shakeshaft
Attorney for Plaintiff
1530 South Tejon St.
Colorado Springs, CO 80905
[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’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
[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: December 19, 2011
B. Date Complaint was served on U.S. Attorney’s Office: January 6, 2012
C. Date Answer and Administrative Record were filed: April 4, 20121

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. Notwithstanding, the parties would reserve objections regarding
the adequacy of the record for the parties’ respective briefs on the merits of the case.

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:

1

Defendant had requested an extension of time to file the answer, due to a delay in the
preparation of the transcript of record.
2

A. Plaintiff’s opening brief due: June 3, 2012
B. Defendant’s response brief due: July 3, 2012
C. Plaintiff’s reply brief (if any) due: July 18, 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 24th day of April, 2012.
BY THE COURT:

s/John L. Kane
U.S. DISTRICT COURT JUDGE

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APPROVED:
s/ Kenneth J. Shakeshaft
Kenneth J. Shakeshaft
Attorney for Plaintiff
1530 South Tejon St.
Colorado Springs, CO 80905
[phone]
[e-mail]
(per electronic authorization)

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
[phone]
[e-mail]
Attorneys for Defendant

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