Santillan v. Astrue

Filing 18

Joint Case Management Plan for Social Security Cases (ORDER) SS Plaintiffs Brief due by 7/31/2012. SS Defendants Brief due by 8/31/2012. SS Plaintiffs Reply Brief due by 9/14/2012, by Judge John L. Kane on 6/26/12. (gmssl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-922-AP Juan Enriquez Santillan 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: JOHN F. WALSH United States Attorney Benjamin T. Kennedy, Esq. Sawaya, Rose, McClure & Wilhite, P.C. 1600 Odgen Street Denver, CO 80218 Telephone (303) 551-7701 E-mail: bkennedy@sawayalaw.com WILLIAM G. PHARO United States Attorney United States Attorney’s Office District Office of Colorado William.Pharo@usdoj.gov Katie McClure, Esq. Sawaya, Rose, McClure & Wilhite, P.C. 1600 Ogden Street Denver, CO 80218 Telephone (303) 551-7701 E-mail: kmcclure@sawayalaw.com 2. ALEXESS D. REA Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration, Region VIII 1001 17th Street Denver, CO 80202 Telephone: (303) 844-7101 E-Mail: alexess.rea@ssa.gov 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). 1 3. DATES OF FILING OF RELEVANT PLEADINGS A. B. Date Complaint Was Served on U.S. Attorney’s Office: April 12, 2012 C. 4. Date Complaint Was Filed: April 6, 2012 Date Answer and Administrative Record Were Filed: June 8, 2012 STATEMENT REGARDING THE ADEQUACY OF THE RECORD The parties, to the best of their knowledge, state that the administrative record is complete and accurate. However, the Plaintiff reserves the right to supplement the record if necessary at the time of the Opening Brief. 5. STATEMENT REGARDING ADDITIONAL EVIDENCE The parties do not anticipate submitting additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES 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 There are no other matters anticipated. 2 8. BRIEFING SCHEDULE Attorneys for both parties agree to the following proposed briefing schedule: A. B. Defendant’s Response Brief Due: August 31, 2012 C. 9. Plaintiff’s Opening Brief Due: July 31, 2012 Plaintiff’s Reply Brief (If Any) Due: September 14, 2012 STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff’s Statement: Plaintiff does not request oral argument. Defendant’s Statement: Defendant does not request oral argument 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. 3 DATED this 26th day of June, 2012. BY THE COURT: s/John L. Kane________ U.S. DISTRICT COURT JUDGE APPROVED: s/Benjamin T. Kennedy Sawaya, Rose, McClure & Wilhite, P.C. 1600 Odgen Street Denver, CO 80218 Telephone (303) 551-7701 E-mail: bkennedy@sawayalaw.com JOHN F. WALSH United States Attorney WILLIAM G. PHARO United States Attorney United States Attorney=s Office District of Colorado William.Pharo@usdoj.gov s/Katie McClure Sawaya, Rose, McClure & Wilhite, P.C. 1600 Ogden Street Denver, CO 80218 Telephone (303) 551-7701 E-mail: kmcclure@sawayalaw.com By: s/Alexess D. Rea Alexess D. Rea Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration, Region VIII 1001 17th Street Denver, CO 80202 Telephone: (303) 844-7101 Attorneys for the Plaintiff E-mail: Alexess.rea@ssa.gov Attorneys for Defendant. 4

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