Sanchez v. Astrue

Filing 9

Defendant's Case Management Plan. SS Plaintiffs Brief due by 11/5/2012. SS Defendants Brief due by 12/5/2012. SS Plaintiffs Reply Brief due by 12/20/2012, by Judge John L. Kane on 10/2/12. (sgrim)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 12-cv-01741-AP DANIEL A. SANCHEZ, III, and VIVIAN ROBLES, Plaintiffs, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. DEFENDANT’S CASE MANAGEMENT PLAN Below-signed counsel for the Defendant Commissioner of Social Security has attempted to confer via email and telephone with counsel for Plaintiff regarding a joint case management plan. As of the time of this filing, counsel has been unable to reach Plaintiff’s counsel. Accordingly, the document that follows is Defendant’s Proposed Case Management Plan. 1. APPEARANCES OF COUNSEL For Plaintiff: For Defendant: Miguel R. Velasco 4800 Wadsworth Blvd., Ste. 218 Wheat Ridge, CO 80033 720-629-4916 Meghan Frei Berglind Special Assistant U.S. Attorney Office of the General Counsel Social Security Administration 1001 17th Street Denver, CO 80202 (303) 844-7356 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 the U.S. Attorney’s Office: July 12, 2012 C. Date Answer Was Filed: September 10, 2012 D. 4. Date Complaint Was Filed: July 5, 2012 Date Administrative Record Was Filed: September 13, 2012 STATEMENT REGARDING THE ADEQUACY OF THE RECORD To the best of his knowledge, Defendant believes the administrative record is complete and accurate. 2 5. STATEMENT REGARDING ADDITIONAL EVIDENCE Defendant does not intend to submit additional evidence. 6. STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS OR DEFENSES Defendant does not believe this case raises any unusual claims or defenses. 7. OTHER MATTERS This case is not an appeal from a decision issued on remand. Defendant has no other matters to bring to the attention of the Court. 8. BRIEFING SCHEDULE A. B. Defendant’s Response Brief Due: December 5, 2012 C. 9. Plaintiff’s Opening Brief Due: November 5, 2012 Plaintiff’s Reply Brief (If Any) Due: December 20, 2012 STATEMENTS REGARDING ORAL ARGUMENT A. B. 10. Plaintiff’s Statement: Defendant’s Statement: Defendant does not request oral argument. CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE Defendant does not consent to the exercise of jurisdiction by a magistrate judge. 3 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 joint case management plan may be altered or amended only upon a showing of good cause. DATED this 2nd day of October, 2012. BY THE COURT: s/John L. Kane ___ U.S. DISTRICT COURT JUDGE 4 APPROVED: JOHN F. WALSH United States Attorney The court notes that counsel for plaintiffs failed to participate in the preparation of this plan. His signature indicating approval of the plan on behalf of plaintiffs, therefore, is not attached. J. BENEDICT GARCÍA Assistant United States Attorney /s/ Meghan Frei Berglind MEGHAN FREI BERGLIND Special Assistant U.S. Attorney Social Security Administration Office of the General Counsel 1001 17th St Denver, CO 80202 (303) 844-2544 Attorneys for Defendant I 5

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