Torres v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 10/15/2012. SS Defendants Brief due by 11/14/2012. SS Plaintiffs Reply Brief due by 11/29/2012, by Judge John L. Kane on 9/6/12. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01125-JLK ELIZABETH M. TORRES 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: Michael W. Seckar 402 W. 12th Street Pueblo, CO 81003 Telephone (719) 543-8636 E-mail: seckarlaw@mindspring.com For Defendant: 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 THAYNE WARNER Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, CO 80202 Telephone: (303) 844-7237 thayne.warner@ssa.gov 1 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: April 30, 2011 Date Complaint Was Served on U.S. Attorney’s Office: June 19, 2012 Date Answer and Administrative Record Were Filed: August 13, 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. 8. BRIEFING SCHEDULE A. B. C. 9. STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff’s Opening Brief Due: October 15, 2012 Defendant’s Response Brief Due: November 14, 2012 Plaintiff’s Reply Brief (If Any) Due: November 29, 2012 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. 2 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 6th day of August, 2012. BY THE COURT: s/John L. Kane __________ U.S. DISTRICT COURT JUDGE APPROVED: 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 /s/ Michael W. Seckar 402 W. 12th Street Pueblo, CO 81003 Telephone (719) 543-8636 E-mail: seckarlaw@mindspring.com Attorney for Plaintiff By: /s/ M. Thayne Warner M. Thayne Warner Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: (303) 844-7237 thayne.warner@ssa.gov Attorneys for Defendant 3

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