Gillespie v. Astrue

Filing 9

Joint Case Management Plan: Plaintiff's Opening Brief due by 7/23/2012. Defendant's Response Brief due by 8/22/2012. Plaintiff's Reply Brief due by 9/6/2012. by Judge John L. Kane on 6/20/12. (dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-00744-AP
JAMESON M. GILLESPIE,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

Joint Case Management Plan

1.

APPEARANCES OF COUNSEL

For Plaintiff:

For Defendant:

Henry J. Feldman
2001 York St
Denver, CO 80205
[phone]
[e-mail]

Daniel E. Burrows
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER
JURISDICTION
This Court has jurisdiction based on Social Security Act §§ 205(g), 1631(c)(3), 42

U.S.C. §§ 405(g), 1383(c)(3) (2006).

3.

DATES OF FILING RELEVANT PLEADINGS
A.
B.

Date Complaint Was Served on U.S. Attorney’s Office: March 29, 2012

C.
4.

Date Complaint Was Filed: March 24, 2012

Date Answer and Administrative Record Were Filed: May 29, 2012

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe 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 do not believe this case raises any unusual claims or defenses.

7.

OTHER MATTERS
This case is not on appeal from a decision issued on remand. The parties have no

other matters to bring to the attention of the Court.
8.

BRIEFING SCHEDULE
A.
B.

Defendant’s Response Brief Due: August 22, 2012

C.
9.

Plaintiff’s Opening Brief Due: July 23, 2012

Plaintiff’s Reply Brief (If Any) Due: September 6, 2012

STATEMENTS REGARDING ORAL ARGUMENT
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A.

Plaintiff’s Statement: Plaintiff requests oral argument because he believes it

would be helpful to clarify the issues presented in this case.
B.

Defendant’s Statement: Defendant requests oral argument. Defendant

anticipates that Plaintiff will make an argument directly challenging the vocational
expert’s testimony in this case. While this is not a thoroughly unique argument, it is
sufficiently outside the course of usual litigation under the Social Security Act that the
Commissioner believes oral argument would be helpful for illuminating and clarifying the
parties’ positions.
10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE
JUDGE
The parties do not consent to the exercise of jurisdiction by a magistrate judge.

11.

AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with

D.C.COLO.LCivR 7.1(E) 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.
The parties agree that the joint case management plan may be altered or amended
only upon a showing of good cause.
DATED this 20th day of June, 2012
BY THE COURT:

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s/John L. Kane ___________

U.S. DISTRICT COURT JUDGE
APPROVED:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney

s/ Daniel E. Burrows FOR
HENRY J. FELDMAN
2001 York St
Denver, CO 80205
[phone]
[e-mail]

s/ Daniel E. Burrows
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

Attorney for Plaintiff
(SIGNED PER ELECTRONIC
AUTHORIZATION)

Attorneys for Defendant

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CERTIFICATE OF SERVICE
I hereby certify that on June 15, 2012, I electronically filed the foregoing Joint
Case Management Plan with the Clerk of Court using the CM/ECF system which will
send notification of such filing to the following:
Henry J. Feldman
[e-mail]
William George Pharo
[e-mail]

s/ Daniel E. Burrows
Office of the General Counsel
Social Security Administration

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