Ross v. Astrue

Filing 13

ORDER Joint Case Management Plan for Social Security Cases. Plaintiffs Brief due by 7/27/2012. Defendants Brief due by 8/30/2012. Plaintiffs Reply Brief due by 9/14/2012, by Judge John L. Kane on 6/20/12. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-00785-AP BRANDI ROSS o/b/o CLAUDIA ROSS, 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: Frederick W. Newall #10269, Esq. 730 N. Weber, #101 Colorado Springs, CO 80903 Telephone (719) 633-5211 newallfrederick@qwestoffice.net JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado Telephone: (303) 454-0184 William.pharo@usdoj.gov DEBRA J. MEACHUM Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 17th Street, Sixth Floor Denver, CO 80202 Telephone: (303) 844-1570 Debra.meachum@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. B. C. 4. Date Complaint Was Filed: 3/28/11 Date Complaint Was Served on U.S. Attorney’s Office: 3/30/12 Date Answer and Administrative Record Were Filed: 5/29/12 STATEMENT REGARDING THE ADEQUACY OF THE RECORD Plaintiff states: Although counsel has undertaken a timely review of the record, the accuracy and completeness of the Administrative Record cannot be verified until after the Plaintiff’s Opening brief is filed. Defendant states: To the best of his knowledge, the record is complete. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Plaintiff states: See Plaintiff’s statement in paragraph 4, above. Defendant states: None anticipated. 6. STATEMENT REGARDING UNUSUAL CLAIMS OR DEFENSES The parties, to the best of their knowledge, do not believe this case raises unusual claims or defenses. 7. OTHER MATTERS None. 8. BRIEFING SCHEDULE A. B. C. 9. Plaintiffs Opening Brief Due: 7/27/12 Defendant’s Response Brief Due: 8/30/12 Plaintiffs Reply Brief (If Any) Due: 9/14/12 STATEMENTS REGARDING ORAL ARGUMENT A. B. Plaintiffs Statement: Plaintiff does not request oral argument. Defendant’s Statement: Defendant does not request oral argument 2 10. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE 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 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 20th day of June, 2012. BY THE COURT: s/John L. Kane ________ U.S. DISTRICT COURT JUDGE 3 APPROVED: s/Frederick W. Newall Frederick Newall 730 N. Weber, #101 Colorado Springs, CO 80903 (719) 633-5211 E-mail: newallfrederick@qwestoffice.net Attorney for Plaintiff JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado william.pharo@usdoj.gov By: s/Debra J. Meachum DEBRA J. MEACHUM Special Assistant U. S. Attorney Office of the General Counsel Social Security Administration 1001 17th Street, Sixth Floor Denver, CO 80202 Telephone: (303) 844-1570 Debra.meachum@ssa.gov Attorneys for Defendant. 4

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