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)

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
[e-mail]

Meghan Frei Berglind
Special Assistant U.S. Attorney
Office of the General Counsel
Social Security Administration
1001 17th Street
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 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.

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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.

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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

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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
[phone]
[e-mail]
Attorneys for Defendant

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