Waring, v. Astrue,

Filing 12

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 9/24/2012. SS Defendants Brief due by 10/24/2012. SS Plaintiffs Reply Brief due by 11/8/2012, by Judge John L. Kane on 8/14/12. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01178-AP
RAYMOND A. WARING,
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:

Patrick C.H. Spencer, II
Spencer & Spencer
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
719-632-4808
[e-mail]

JOHN F. WALSH
United States Attorney
KEVIN TRASKOS
Chief, Civil Division
United States Attorney's Office
District of Colorado
[e-mail]
Robert L. Van Saghi
Special Assistant United States Attorney
1001 17th Street
Denver, Colorado 80202
[phone]
[phone] (facsimile)
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
The Court has jurisdiction under § 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

3.

DATES OF FILING OF RELEVANT PLEADINGS
A. Date Complaint Was Filed: 5/7/12
B. Date Complaint Was Served on U.S. Attorney’s Office: 5/21/12
C. Date Answer and Administrative Record Were Filed: 7/20/12

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of his knowledge, Plaintiff states that the record is complete and accurate.
To the best of his knowledge, Defendant states that the record is complete and accurate.

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 state that this case does not raise unusual claims or defenses.

7.

OTHER MATTERS
The parties state that there are no other matters.

8.

BRIEFING SCHEDULE
The parties agreed to the following schedule:1
A. Plaintiffs Opening Brief Due:
09/24/12
B. Defendant’s Response Brief Due:
10/24/12
C. Plaintiffs Reply Brief (If Any) Due: 11/08/12

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The parties agreed to adjust the briefing schedule to accommodate conflicts on
Plaintiff’s counsel’s calendar regarding the Reply Brief. Specifically, Plaintiff’s counsel is out of
the office from October 13, 2012 until October 25, 2012. Additionally, Plaintiff’s counsel is
scheduled for oral argument regarding another case on November 1, 2012.

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9.

STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiffs Statement: Plaintiff does not request oral argument.
B. Defendant’s Statement: Defendant does not request oral argument

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 14th day of August 2012.
BY THE COURT:

s/John L. Kane
____
U.S. DISTRICT COURT JUDGE

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APPROVED:
For Defendant:
For Plaintiff:
JOHN F. WALSH
United States Attorney

s/ Patrick C.H. Spencer, II
Patrick C.H. Spencer, II
Spencer & Spencer
830 Tenderfoot Hill Road, Suite 320
Colorado Springs, CO 80906
719-632-4808
[e-mail]

KEVIN TRASKOS
Chief, Civil Division
United States Attorney's Office
District of Colorado
[e-mail]
s/ Robert L. Van Saghi
Robert L. Van Saghi
Special Assistant U.S. Attorney
1001 17th Street
Denver, Colorado 80202
[phone]
[e-mail]

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