Pacheco v. Commissioner of Social Security

Filing 11

Joint Case Management Plan for Social Security Cases. SS Plaintiff's Brief due by 9/24/2012. SS Defendant's Brief due by 10/24/2012. SS Plaintiff's Reply Brief due by 11/8/2012, by Judge John L. Kane on 8/9/12. (lygsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01279-AP TERRY W. PACHECO, 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: Brandon M. Selinsky Law Offices of Binder & Binder 770 The City Drive South, Suite 2000 Orange, CA 92868-3504 Phone (714) 564-8640 Fax (714) 940-0311 bselinsky@gmail.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 DAVID BLOWER Special Assistant United States Attorney Office of the General Counsel Social Security Administration 1001 Seventeenth Street Denver, CO 80202 Telephone (303) 844-1571 Facsimile (303) 844-0770 david.blower@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. Date Complaint Was Served on U.S. Attorney’s Office: May 29, 2012 C. 4. Date Complaint Was Filed: May 15, 2012 Date Answer and Administrative Record Were Filed: July 25, 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. 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 Counsel for both parties agree to the following proposed briefing schedule: A. Plaintiffs Opening Brief Due: September 24, 2012 B. Defendant=s Response Brief Due: October 24, 2012 2 C. 9. Plaintiffs Reply Brief (If Any) Due: November 8, 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. DATED this 9th day of August, 2012. BY THE COURT: s/John L. Kane________ U.S. DISTRICT COURT JUDGE 3 APPROVED: s/ Brandon M. Selinksy Brandon M. Selinsky Law Offices of Binder & Binder 770 The City Drive South, Suite 2000 Orange, CA 92868-3504 Phone (714) 564-8640 Fax (714) 940-0311 bselinsky@gmail.com 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/David Blower David Blower Special Assistant United States Attorney 1001 Seventeenth Street Denver, Colorado 80202 Telephone: (303) 844-1571 Facsimile: (303) 844-0770 david.blower@ssa.gov Attorneys for Defendant. 4

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