Soza v. Astrue

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 9/14/2012. SS Defendants Brief due by 10/15/2012. SS Plaintiffs Reply Brief due by 10/30/2012, by Judge John L. Kane on 8/1/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01137-AP
GARY SOZA,
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:
Gail C. Harriss
GAIL C. HARRIS, LLC
450 S. Camino del Rio, Suite 201
Durango, CO 81301
Telephone [phone]
Facsimile [phone]
email: [e-mail]

For Defendant:
JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
DAVID BLOWER
Special Assistant United States Attorney
Office of the General Counsel
Social Security Administration
1001 Seventeenth Street
Denver, CO 80202
Telephone [phone]
Facsimile [phone]
[e-mail]

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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.

Date Complaint Was Served on U.S. Attorney’s Office: May 14, 2012

C.

4.

Date Complaint Was Filed: May 1, 2012

Date Answer and Administrative Record Were Filed: July 12, 2012

STATEMENT REGARDING THE ADEQUACY OF THE RECORD

Defendant, to the best of his knowledge, states that the administrative record is complete and
accurate. Plaintiff asserts that the Administrative Record is missing counsel’s letter to the
Administrative Law Judge dated September 23, 2008, amending the onset of disability and
requesting an on the record favorable decision.

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.

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8.

BRIEFING SCHEDULE
Counsel for both parties agree to the following proposed briefing schedule:
A.
B.

Defendant=s Response Brief Due: October 15, 2012

C.

9.

Plaintiffs Opening Brief Due: September 14, 20121

Plaintiffs Reply Brief (If Any) Due: October 30, 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.

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Plaintiff’s counsel has four social security hearings scheduled in Grand Junction, a four-hour
drive from her office in Durango, on September 10, 2012. Accordingly, the due date of
Plaintiff’s brief is set for September 14, rather than September 10, which would be 40 days after
the date this Joint Case Management Plan is due.

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DATED this 1st day of August, 2012.
BY THE COURT:

s/John L. Kane
_______
U.S. DISTRICT COURT JUDGE
APPROVED:
s/ Gail C. Harriss
GAIL C. HARRIS, LLC
450 S. Camino del Rio, Suite 201
Durango, CO 81301
Telephone [phone]
Facsimile [phone]
email: [e-mail]
Attorney for Plaintiff

JOHN F. WALSH
United States Attorney
WILLIAM G. PHARO
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
By: s/David Blower
David Blower
Special Assistant United States Attorney
1001 Seventeenth Street
Denver, Colorado 80202
Telephone: [phone]
Facsimile: [phone]
[e-mail]
Attorneys for Defendant.

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