Aiello v. Astrue

Filing 11

Joint Case Management Plan for Social Security Cases. SS Plaintiff's Brief due by 7/11/2012. SS Defendant's Brief due by 8/13/2012. SS Plaintiff's Reply Brief due by 8/27/2012, 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-00690-AP EDNA AIELLO, Plaintiff, v. MICHAEL 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: ANN J. ATKINSON Attorney at Law 7960 S. Ireland Way Aurora, CO 80016-1904 Tele: 303-680-1881 Fax: 303-680-7891 AtkinsonAJ@aol.com JOHN F. WALSH, United States Attorney District of Colorado WILLIAM PHARO, Assistant United States Attorney United States Attorney’s Office District of Colorado 1225 - 17th St., #700 Denver, CO 80202 Tele: 303-844-7278 Fax: 303-844-0770 william.pharo@usdoj.gov Michael S. Howard, Special Assistant U.S. Attorney Social Security Administration Office of the General Counsel 1001 Seventeenth St. Denver, CO 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: March 19, 2012 B. Date Complaint was served on U.S. Attorney’s office: March 28, 2012. C. Date Answer and Administrative Record were filed: May 21, 2012. 4. STATEMENT REGARDING THE ADEQUACY OF THE RECORD: The Administrative Record appears to be complete. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES. There are no unusual claims or defenses in this case. 7. OTHER MATTERS There are no other matters to bring to the Court’s attention. 8. BRIEFING SCHEDULE A. Plaintiff's Opening Brief Due: July 11, 2012 B. Defendant's Response Brief Due: August 13, 2012 C. Plaintiff's Reply Brief (If Any) Due: August 27, 2012 9. STATEMENTS REGARDING ORAL ARGUMENT A. Plaintiff’s 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 A. ( ) All parties have consented to the exercise of jurisdiction by a United States Magistrate Judge. B. ( X ) 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.LCivR 7.1(C) BY SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED UPON THE MOVING ATTORNEY’S CLIENT, ALL ATTORNEY’S 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/ Ann J. Atkinson Ann J. Atkinson, Attorney at Law 7960 South Ireland Way Aurora, CO 80016-1904 Tele: 303-680-1881 Fax: 303-680-7891 atkinsonaj@aol.com UNITED STATES ATTORNEY s/Michael S. Howard By: Michael S. Howard, Esq. Special Assistant U.S. Attorney 1001 Seventeenth St. Denver, CO 80202 303-844-7192 Michael.howard@ssa.gov

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