Lutgens v. Astrue

Filing 11

Joint Case Management Plan. SS Plaintiff's Brief due by 10/29/2012. SS Defendant's Brief due by 12/12/2012. SS Plaintiff's Reply Brief due by 12/27/2012, by Judge John L. Kane on 9/20/12. (lygsl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 12-cv-01402-AP
ROBERT HARVEY LUTGENS,
Plaintiff,
v.
MICHAEL J. ASTRUE, Commissioner of Social Security,
Defendant.

Joint Case Management Plan

1.

APPEARANCES OF COUNSEL

For Plaintiff:

For Defendant:

Michael W. Seckar
402 W 12th St
Pueblo, CO 81003
[phone]
[e-mail]

Daniel E. Burrows
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER
JURISDICTION
This Court has jurisdiction based on Social Security Act § 205(g), 42 U.S.C.

§ 405(g) (2006).

3.

DATES OF FILING RELEVANT PLEADINGS
A.
B.

Date Complaint Was Served on U.S. Attorney’s Office: July 6, 2012

C.
4.

Date Complaint Was Filed: May 30, 2012

Date Answer and Administrative Record Were Filed: September 4, 2012

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
To the best of their knowledge, the parties believe the administrative record is

complete and accurate.
5.

STATEMENT REGARDING ADDITIONAL EVIDENCE
Neither party intends to submit additional evidence.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES
UNUSUAL CLAIMS OR DEFENSES
The parties do not believe this case raises any unusual claims or defenses.

7.

OTHER MATTERS
This case is not on appeal from a decision issued on remand. The parties have no

other matters to bring to the attention of the Court.
8.

BRIEFING SCHEDULE
A.

Plaintiff’s Opening Brief Due: October 29, 2012

B.

Defendant’s Response Brief Due: December 12, 2012

C.

Plaintiff’s Reply Brief (If Any) Due: December 27, 2012

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These dates are adjusted from the ordinary timetable because Defendant’s attorney
and his wife are expecting a baby in late October and he expects to be out of the office on
paternity leave for several weeks.
9.

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
The parties do not consent to the exercise of jurisdiction by a magistrate judge.

11.

AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
Parties filing motions for extensions of time or continuances must comply with

D.C.COLO.LCivR 6.1(E) 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.
The parties agree that the joint case management plan may be altered or amended
only upon a showing of good cause.
DATED this 20th day of September, 2012
BY THE COURT:

____
U.S. DISTRICT COURT JUDGE

s/John L. Kane

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APPROVED:
JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney

s/ Daniel E. Burrows FOR
MICHAEL W. SECKAR
402 W 12th St
Pueblo, CO 81003
[phone]
[e-mail]

s/ Daniel E. Burrows
DANIEL E. BURROWS
Special Assistant U.S. Attorney
Social Security Administration
Office of the General Counsel
1001 17th St
Denver, CO 80202
[phone]
[e-mail]

Attorney for Plaintiff
(SIGNED PER ELECTRONIC
AUTHORIZATION)

Attorneys for Defendant

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CERTIFICATE OF SERVICE
I hereby certify that on September 20, 2012, I electronically filed the foregoing
Joint Case Management Plan with the Clerk of Court using the CM/ECF system which
will send notification of such filing to the following:
Michael W. Seckar
[e-mail]
William George Pharo
[e-mail]

s/ Daniel E. Burrows
Office of the General Counsel
Social Security Administration

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