Vanwormer v. Astrue

Filing 10

Joint Case Management Plan for Social Security Cases. SS Plaintiff's Brief due by 8/6/2012. SS Defendant's Brief due by 9/5/2012. SS Plaintiff's Reply Brief due by 9/19/2012, by Judge John L. Kane on 6/12/12. (lygsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-00120-AP RICHARD M. VANWORMER, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ______________________________________________________________________________ JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES ______________________________________________________________________________ 1. APPEARANCES OF COUNSEL For Plaintiff: Charles E. Binder Law Offices of Binder and Binder, P.C. 60 East 42nd Street, Suite 520 New York, New York 10165 Phone: (212) 677-6801 Fax: (646) 273-2196 fedcourt@binderlawfirm.com For Defendant: Alexess D. Rea Social Security Administration Office of General Counsel, Region VIII 1001 17th Street Denver, Colorado 80202 303-844-7101 Fax: 303-844-0770 alexess.rea@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: B. Date Complaint Was Served on U.S. Attorney’s Office: C. Date Answer and Administrative Record Were Filed: January 18, 2012 March 22, 2012 May 21, 2012 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD To the best of his knowledge, Counsel for Plaintiff states that the record is complete and accurate. To the best of her knowledge, Counsel for Defendant states that the record is complete and accurate. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES Counsel for Plaintiff states: To the best of his knowledge, this case does not involve unusual claims or defenses. Counsel for Defendant states: To the best of her knowledge, this case does not involve unusual claims or defenses. 7. OTHER MATTERS There are no other matters anticipated. 8. BRIEFING SCHEDULE Counsel for both parties agree to the following proposed briefing schedule: A. Plaintiffs Opening Brief Due: B. Defendant’s Response Brief Due: C. Plaintiffs Reply Brief (If Any) Due: August 6, 2012 September 5, 2012 September 19, 2012 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiffs Statement: Plaintiff does not request oral argument. B. Defendant’s Statement: Defendant does not request oral argument 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE The parties have 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 12th day of June 2012 BY THE COURT: s/John L. Kane _________ U.S. DISTRICT COURT JUDGE APPROVED: /s/ Charles E. Binder Charles E. Binder Law Offices of Binder and Binder, P.C. 60 East 42nd Street, Suite 520 New York, New York 10165 Phone: (212) 677-6801 Fax: (646) 273-2196 fedcourt@binderlawfirm.com /s/ Alexess D. Rea Alexess D. Rea Social Security Administration Office of General Counsel, Region VIII 1001 17th Street Denver, Colorado 80202 303-844-7101 Fax: 303-844-0770 alexess.rea@ssa.gov

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