Romero v. Astrue

Filing 15

Joint Case Management Plan for Social Security Cases. SS Plaintiff's Brief due by 11/5/2012. SS Defendant's Brief due by 12/5/2012. SS Plaintiff's Reply Brief due by 12/20/2012, by Judge John L. Kane on 9/24/12. (lygsl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 1:12-cv-01696-AP ABEL R. ROMERO, 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: Teresa H. Abbott, Esq. 3515 S. Tamarac Drive, Suite 200 Denver, CO 80237 (303) 757-5000 (303) 689-9627 (fax) abbott.teresa@gmail.com Jessica Milano Special Assistant United States Attorney Assistant Regional Counsel Office of the General Counsel Social Security Administration 1001 17th Street Denver, CO 80202 (303) 844-7136 (303) 844-0770 (fax) jessica.milano@ssa.gov 2. STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION This is an appeal of a Social Security benefits application. The Court has jurisdiction pursuant to 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: July 20, 2012 C. 4. Date Complaint Was Filed: June 29, 2012 Date Answer and Administrative Record Were Filed: September 4, 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 Neither party intends to submit 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 any unusual claims or defenses. 7. OTHER MATTERS The parties have no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE Counsel for both parties conferred and agreed upon the following proposed briefing schedule: A. Plaintiff’s Opening Brief: November 5, 2012 B. Response Brief due: December 5, 2012 C. Reply Brief due: December 20, 2012 2 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 A. B. 11. ( ) All parties have consented to the exercise of jurisdiction of a United States Magistrate Judge. ( X ) All parties have not consented to the exercise of jurisdiction of a United States Magistrate Judge. 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 24th day of September, 2012. BY THE COURT: s/John L. Kane _____________ U.S. DISTRICT COURT JUDGE 3 APPROVED: s/ Jessica Milano for Teresa H. Abbott, Esq. 3515 S. Tamarac Drive, Suite 200 Denver, CO 80237 (303) 757-5000 (303) 689-9627 (fax) abbott.teresa@gmail.com JOHN F. WALSH United States Attorney WILLIAM G. PHARO Assistant United States Attorney United States Attorney's Office District of Colorado Attorney for Plaintiff (SIGNED PER ELECTRONIC AUTHORIZATION) s/ Jessica Milano Jessica Milano Special Assistant United States Attorney 1001 17th Street Denver, CO 80202 (303) 844-7136 (303) 844-0770 (fax) jessica.milano@ssa.gov Attorneys for Defendant 4 CERTIFICATE OF SERVICE I hereby certify that on September 24, 2012, I electronically filed the foregoing “Joint Case Management Plan for Social Security Cases” with the with the Clerk of Court using the CM/ECMF system which will send notification of such filing to the following e-mail address(es): abbott.teresa@gmail.com (Teresa H. Abbott, Esq., counsel for Plaintiff) william.pharo@usdoj.gov USACO.ECFCivil@usdoj.gov jessica.milano@ssa.gov s/ Jessica Milano Office of the General Counsel Social Security Administration 5

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